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1160A - Resolution - Shoreline Management Master ProgramCITY OF PORT ORCHARD ENGINEERING - BUILDING - PLANN9NG P. 0. BOX 186 PORT ORCHARD,WASHINGTON 98366 RECEIVED NOV 15 1977 shoreline manage .-air.�. nt- ash 10fig M0004h M 1 -a-�i,; E '�`s• r• •.•f:rr.r■�,I{r!r■:ice + [ f[yjR,�}:3}=�� e11l��,1� 1!!t!1},! illl#}M � �!� � , . �� ' • � Irk 1 � �� :, � .: -:1 �� T -P-COUNTY'' ' .a:: .•r' ! t � N .J i, !. _I ��. �i�l ti I f A' ��. I hs I{I.. I•. �,• :r. ....:.;�.. r .. , � � � �> ,' ,: I Ni ail -; ,ii,=!; 'I' ,"` , s '11 I .,riE .' rlr +M _;: � �,, jai sf t{ id -;I i I 'iil�' ��h r. 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H 1.'-•rc �_ •-M•.. r 1 f.��' Y �rf..4r n�. +J-N ii �. i� + r.�J1, !. i ' "1■e r ' _ ' . ...��' ■ r .+ : + � .w•...� ''•f •,, -h�l i �i'r\, v' I �} J ' �.a. , • u i• 1. •,. �..w■;; •� .. ..... - •-r...r. •ores•• - _w f..�..d 111111 ab FL•./• _a. ,,-..a. ..... � i_r; '`..:d: .. .,._ .. +.� ::L�iii:i.•�H:r•� a, .ice[ '� (S", ". [>r�1[i■r.•. jam.;.r'� s ■Jw, 77d�. �l�sF+-� .. r .. ....... ev 9.p u Y i[I ■ri■•a��i�■a;;''i •:r.�✓1..1� .: .. A sr.• �... _•.,X .fr !/1■■r[iMak }�a,��i�llll/4!} •a■� t'ir- .0 .■■.� :wsasn ■.. it} Ili' `` a■il ■■ +. [■u.' .. IN o•�/.'.. aF ■.._ r. .•i111U}I�1��1 #� r� ■11�i r■a■e�rza } !■.■:: .yN�■■s: a. '•+q••+wa..�. w= , ,•...... _ - Ip4e •...� . J. 1f!! skiTIN, ifi Sl' } �'�:.■rrt' �:+r....■.......ol .■ II1fI i7FL}�I�}s)■■i[ItHlEl� Ylllilgieii [�i7 aunO■N OOO�'=1■la r}•„rau•o:-.! '•a+w.■•tawsia:i ••aA ■■. - - •.,:<�....■. ••�... '1`-r_. a- r ' 4 'wl b RESOLUTION NO. A RESOLUTION'OF THE CITY OF,PORT ORCHARD FOR THE ADOPTION OF .THE SHORELINE MASTER PROGRAM FOR KITSAP COUNTY. WHEREAS, The City of .Port Orchard has deemed it advisable to adopt in full, the SHORELINE MASTER PROGRAM FOR KITSAP COUNTY; and WHEREAS, the adoption of the Shoreline Master Program for Kitsap County would be in the public interest and advantage to the citizens of the City of Port Orchard; NOW THEREFOPME, BE IT RESOLVED BY THE CITY COUNCIL of the City of Port Orchard, Kitsap County, Washington, as follows: That the City of Port Orchard does hereby adopt in full, the SHORELINE MASTER PROGRAM FOR KITSAP COUNTY. ADOPTED by the City Council of the City of Port Orchard, Kitsap Co nty, Washington, at its regular meeting the/2 "y day of Ct1976. Paul D. Powers, J)r.V Mayor ATTEST-• �. G. Lloyd, Cit Cle t APPROVED AS TO FORM: Terry McCluskey, City Attorney r w Kitsap County Central. Reproductions 614 Division Street Port Orchard, Washington 98366 PRICE: $1.00 KITSAP COUNTY SHORELINE MANAGEMENT MASTER PROGRAM Prepared by the Kitsap County Department of Community Development from a draft proposal of the Kitsap County Shoreline Advisory Committee and amended and adopted by the Kitsap County Board of Commissioners in conformance with RCW 90.58 and WAC 173-16. ADOPTED; .DULY 11, 1977 The preparation of this document was aided by the Washington State Office of Community Development through a federal grant from the U.S. Department of dousing and Urban Development under the provisions of Section 701 of the Housing Act of 1954, as amended and a State grant from the Washington State Department of Ecology under Section 25 of the Shoreline Management Act of 1971. ACKNOWLEDGEMENTS AND CREDITS- KITSAP COUNTY BOARD OF COMMISSIONERS: William H. Mahan, Chairman Gene Lobe John Horsley - elected January, 1977 Frank Randall - retired December, 1976 KITSAP COUNTY SHORELINES ADVISORY COMMITTEE: Dave Boyce, Chairman Ruth Gordon Joe Lambert Herb Loop Jack Maher John Mikesell - appointed July, 1976 John Piety Bill Reese Lee Sebring Art Anderson - resigned June, 1976 Ex-Offico Members: Gordon J. Craig, Shoreline Administrator Richard R. Stocking, Deputy Prosecuting Attorney Don. Topping, Shoreline Administrator - resigned August, 1976 KITSAP COUNTY DEPARTMENT OF ..COMMUNITY .DEVE.LOPMENT: James C. Tracy, Director Gordon J. Craig, Shoreline Administrator Dorothy Neilson, Office Administrator Susan Conley, Secretary Alex Munro, Engineering Aide Todd Walton, Engineering Aide Robert E. Michell, Director - resigned July, 1976 Don Topping, Shoreline Administrator - resigned August, 1976 KITSAP COUNTY PROSECUTOR'S OFFICE: C. Danny Clem, Prosecuting Attorney Richard R. Stocking, Deputy Prosecuting Attorney John G. Merkel, Prosecuting Attorney - resigned June, 1977 i RESOLUTION N0, 311--1977 KITSAP COUNTY SHORELINE MASTER PROGRAM A RESOLUTION TRANSMITTING TO THE DEPARTMENT OF ECOLOGY SHORELINE MANAGE- MENT REGULATIONS INTENDED TO IMPLEMENT THE FINDINGS AND RECOMMENDATIONS OF THE SHORELINE MANAGEMENT MASTER PROGRAM AND FURTHER CREATING RULES, SYSTEMS TO EFFECTUATE THE GENERAL POLICIES OF THE MASTER PROGRAM: PRESCRIBING BOUNDARIES LIMITATIONS OF LAND AND -WATER -USE -AND —DEVELOPMENT, ASSIGNING_RESPONSIBILITY.AND AUTMR.ITY: ESTABLISHING A P MIT SY.SIEM AND FURTHER ESTABLISHING PERFORMANCE STANDARDS FOR DEVELOPMENT- AND GENEfaLLY_PROVIDING. MACH INERY. NEEDED+TO FULLY IMPLEMENT THE MASTER _P(TOG RAM. WHEREAS, The Shoreline Management Act of 1971 is now law in the State of Washington, and WHEREAS, certain duties, obligations and responsibilities have thus become incumbent upon the County of Kitsap, and WHEREAS, the County of Kitsap has performed the required steps for the revision of the Shoreline Management Master Program. WHEREAS, the following Master Program is the Master Program for Kitsap County prepared in conformance with the Shorelines Management Act of 1971 and the rules and regulations issued thereunder: • NOW THEREFORE, The County of Kitsap does hereby resolve: Section 1. The attached document entitled Kitsap-County Shoreline Master Program (Parts I-VIII) is hereby adopted as the Shoreline Master Program of Kitsap County. Section 2. Effective date August 15, 1977. PASSED THIS 1st day of August, 1977. ATTEST: TED WRIGHT County Auditor & Ex-Officio Clerk of the Board. "X�' I By c - L County Auditor / i BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON William H. Mahan,.Chairman ssloner SHORELINES MASTER PROGRAM -PREAMBLE The spirit and intent of the Shoreline Management Act of 1971 and the Xitsap County Master Program is one of utilization, protection, restoration and preservation of the State of Washington shorelines as a valuable and fragile natural resource. While all developments in the Shoreline Wetlands Zone do not require a Substantial Development Permit, no development shall be undertaken on the shorelines of Kitsap County except those which are consistent with the policy of the Act, applicable State guidelines and this Master Program. As a "no -fee" service to the general public wishing to be assured that their development is consistent with the law, the Department of Community Development will review submitted development proposals which do not require a Substantial Development Permit and give a written "Statement of Compliance". PASSED THIS 11th day of July, 1977.. I BOARD OF COUNTY-COMM-ISSIONER%: KI'TSAR COUNTY, WASHINGTON ILLIAM H MAH-A , HAIRMAN ATTEST; TED WRIGHT COUNTY AUDITOR & EX-OFFICIO NE OBE, OM ISSIONER � l I BY COUNTY AUD R -N HOMS3 OMM SIONER M TABLE OF CONTENTS PAGE PART 1 GENERAL PROVISIONS ,1-1 PART 2 DEFINITIONS 2-1 PART 3 GOALS 3-1 PART 4 SHORELINE MANAGEMENT 4-1 PART 5 NATURAL SYSTEMS 5-1 PART 6 SHORELINES OF STATE-WIDE SIGNIFICANCE 6-1 PART 7 USE ACTIVITIES 7-1 I. AGRICULTURAL PRACTICES 7-4 Definition 7-4 Policy 7-4 Regulations 7-4 II. AQUACULTURE 7-5 Definition 7-5 Policy 7-5 Regulations 7-5 III. FOREST MANAGEMENT PRACTICES 7-7 Definition 7-7 Policy 7-7 Regulations 7-9 IV. COMMERCIAL DEVELOPMENT 7-10 Definition 7-10 Policy 7-10 Regulations 7-10 V. BOATING FACILITIES 7-12 Marinas: Definition 7-12 Policy 7-12 Regulations 7-12 Piers and FIoatinU Docks: Definition 7-13 Policy 7-13 Regulations 7-13 Mooring Buoys: Definition 7-14 Regulations 7-14 iv TABLE OF CONTENTS (CONTINUED) Recreational Floats: Definition 7-15 Regulations - 7-15 Marine Railways: Definition 7-15 Policy 7-15 Regulations 7-15 Boat Launching Ramps: Definition 7-16 Policy 7-16 Regulations 7-16 VI. MINING 7-17 Definition 7-17 Policy 7-17 Regulations 7-17 VII. OUTDOOR ADVERTISING AND ON PREMISE SIGNS 7-19 i Definition 7-19 Policy 7-19 i Regulations 7-19 VIII. RESIDENTIAL DEVELOPMENT 7-21 Definition 7-21 Policy 7-21. Regulations Single ,Family Residences 7-22 Multi -Family Residential Units 7-23 Subdivisions 7-23 IX. UTILITIES 7-25 Definition 7-25 Policy 7-25 Regulations Sewage Outfall and Treatment Plant 7-25 Utility Lines (other than Sewage Outfall Lines) 7-26 X. SOLID WASTE DISPOSAL (GARBAGE) 7-27 Policy 7-27 Regulations 7-27. XI. PORTS AND WATER RELATED INDUSTRIES 7-28 Definition 7-28 Policy 7-28- Regulations 7-28 5 v TABLE OF CONTENTS (CONTINUED) I XII. SHORELINE WORKS Bulkheads: Definition Policy Regulations Breakwaters: Definition Policy Regulations. Landfills: Definition Policy Regulations Dredgiz: Definition Policy Regulations, Jetties and Groins: Definition Policy Regulations Shoreline Protection: Definition Policy Regulations 7-30 7- 30 7- 30 7-30 7-31 7-32 7-32 7-33 7- 33 7-33 7- 34 7- 34 7-35 7-35 7-36 7-36 7-37 7-37 7-37 XIII. ROAD, RAILROAD AND BRIDGE CONSTRUCTION 7-38 Definition 7-3 8 Policy 7-38 Regulations 7-38 XIV. ARCHAEOLOGICAL AREAS, HISTORIC SITES AND SCIENTIFIC RESEARCH SITES 7-41 Definition 7-41 Policy 7-41 Regulations 7-41. XV. RECREATION 7-43 Definition 7-43 Policy 7-43 Regulations 7-44 vi TABLE OF CONTENTS (CONTINUED) PART g APPENDIXES 8-1 APPENDIX I: Permits - Procedures - Pees 8-1 I. Non -Permit Development 8-1 II. Substantial Development Permit 8-1 Appl i cati ons 8-1 Procedure 8-1 Pee Schedule 8-2 III. Shorelines Conditional Use Permit 8-3 Definition 8-3 Procedure 8-3 IV. Variance 8-4 Definition 8-4 Procedure 8-4 V.. Duration of Permits 8=5 Appendix II: Port Gamble and Port Madison Indian Reservations 8-5 Appendix III: Kitsap County Shoreline Environment Designation Map 9 vii GENERAL PROVISIONS lkwk lit I t . i H 0 Nil ijq t ill 114 41 04 HIM !1111! Iml N 1111 JIM 4 r M.1 m 1 11 KITSAP COUNTY SHORELINE MASTER PROGRAM PART I - GENERAL PROVISIONS LIU These Regulations, including Goals and Policies, shall be [mown and may be cited as "The Shoreline Management Master Program". These regulations may refer to itself as the "Master Program". The Master Program is intended to carry out the responsibilities required of the County of Kitsap by the Shoreline Management Act of 1971. The adoption of these regulations does not remove other responsibilities required by the Act. The actual purpose of these regulations is the same as the purpose of the Act itself. The authority of the passage of these regulations is that granted and required by the Act. The provisions of this Master Program shall apply to all land and waters which are "Shorelines of the County" as that term is defined herein and which are within the jurisdiction of Kitsap County as defined by law. All structures, and/or uses, lawfully erected or begun prior to the effective date of these regulations and all structures in the process of being lawfully erected prior to the effective date of the regulations but which do not con- form to the regulations contained herein, may continue to exist or be completed. Repair, maintenance and restoration are permitted. Structural alterations and expansion are permitted subject to approval of a Shorelines Conditional Use Permit. Any non -conforming structure or use discontinued for a continuous period of more than one -(I) year, shall not again be re -occupied except by a conforming use. 1-1 APPEAL All action taken during the administration and enforcement of these regulations may be appealed, as provided for in RCW 90.58.180. Any of the provisions of these regulations, or the Kitsap County Shoreline Environment Designation Map may be amended in accord with the provisions of RCW 90.58.120. The administrator shall annually review the Master Program and propose such adjustments thereto as are necessary. Restrictions as Affecting Fair Market Value of Property. The restrictions imposed by these program regulations shall be considered by the County Assessor in establishing the fair market value of the property. If any provision of this Master Program or its application to any person, legal entity or parcel of land or circumstances is held invalid, the remainder of the Master Program, or the application of the provision to other persons, legal entities or parcels of land or circumstances, shall not be affected. 1-2 I M IN im I to tot tw,r '151 Oil r0ilamri"& ;il"i DEFINITIONS 2 kt ..kd 44 �•.FF`` �;�� (! � •F i�E,� 1;1r'�`f,k.F:...RF[[.: + iC �; a:r, ��' 1 i . .i.. ;'':f iY�. �1iF� ';` ., : ,�`. � �.r s ! I tlia...,_rst -.'VPLr. L No i i,F L lit, �-Odlj!W-bi I P1 IF tj j, 1, 6' dry —a i1t sit !iHIP I I101P 11:o�,, hill ! Il111111 --IM�11li4! l t1 {! tt E EEfj !! [ E1M�[�- .Y� �.� ! .rIL .all •F#r• "rr pk•� `E :.rr •%�V l .1.1r.. r.. •' •,4. i. ��lri•' ■1•• ,. T .. '6' oil iitil{Mlr";'... :.1 f�`;:it�i�' sar• �a�•".:f�l` �;y/, .■elJ� t� r. 1 I,`1 1: •yL o.Jr ;:t- l , . ip• .. .. oil .......... r 'kgootbv. . . . . . . . . . . . � v 071 Flo: 0allp1j4 bogo . ....... ........ PART 2 - DEFINITIONS ACT - Shoreline management Act of 1971, Chapter 90.58 RCW. ADMINISTRATOR - The�D' ecta of the-Kitsa Cour6ty�Depar-tment-ofi C-emtr�tr�.�-ty�Deue�opment . AQUACULTURE The culture or forming of food fish, shellfish or other aquatic plants and animals. ASSOCIATED WETLANDS - Those wetlands which are strongly influenced by and in close proximity to any stream, river, lake, tidal water, or combination thereof. BOAT LUANCHING RAMP - A sloping structure connecting a shoreline bank with the tidelands for the purpose of placing a boat in or out of the water. BOGS - A depression or other undrained or poorly drained area containing, or covered with peat (usually more than one layer) on which characteristic kinds of sedges, reeds, rushes, mosses and other similar plants grow. In the early stages of development, the vegetation is herbaceous -and the peat is very wet. in middle stages, the dominant vegetation and the peat, at least near the surface, may be compartively dry. COMMUNITY - A group of people who have a common interest in a facility or area. DEPARTMENT - Department of Ecology (DOE) . 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 pilings; 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 Master Program at any state of water level. DIRECTOR - Director of the Department of Ecology. ESTUARY - That portion of a stream influenced by the tide of the marine waters into which it flows and within which the sea water is measurably diluted with freshwater derived from land drainage. 2-1 SUBSTANTIAL DEVELOPMENT - "Substantial Development" shall mean any development of which the total cost or fair market value exceeds one thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of these regulations: 1. Normal maintenance or repair of existing structures or developments,,including damage by accident, fire or elements; 2. Construction of the normal protective bulkhead common to single family residences; 3. Emergency construction necessary to protect property from damage by the elements; 4. Construction and practices normal or necessary for farming,. irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, 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 plats, other activities of a commercial nature, alteration of the contour of the wetlands 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 live- stock wintering operations; 5. Construction or modification of navigational aids such as channel markers and anchor buoys; 6. Construction on wetlands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his 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 this -Master Program; 2-4 1 1' 7. Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee or contract purchaser of a single family residence, the cost of which does not exceed two thousand five hundred dollars. B.. 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 ground water for the irrigation of lands. 9. 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. 10. Operation and maintenance of any system of dikes, ditches, drains or other facilities existing on the effective date of this 1975 amendatory act which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. SWAMP - An area similar to a marsh except that reeds and shrubs comprise the characteristic vegetation. Marshes and swamps merge into each other, and both tend to merge into bogs. USE - The nature of the occupancy, the type of activity or the character and form of improvements to which land and/or water is devoted or may be devoted. USE, WATER DEPENDENT - A use which cannot exist in any other location due to the nature of its operation, such uses include, but are not 1izru ted to: ferry and passenger terminals, terminal and transfer facilities for marine commerce and industry, marine construction and repair, marinas and outfalls. USE, WATER RELATED - A use which does not require a waterfront location but depends upon the shoreline location, for economic reasons, such uses include, -but are not limited to: industries which receive or ship materials by water, fish processing plants and dry dock storage. 2-5 USE, NON -WATER RELATED - A use which does not require a waterfront location, but may require an easement or access to the water, such uses include but are not limited to: single and multi -family residences, motels, hotels, utility rights of way, storage areas, sewage treatment plants, streets, roads, office buildings and restaurants. USE -NON -CONSUMPTIVE - Use which can utilize resources on a sustained yield basis while minimally reducing opportunities for other future uses of the area resources. WETLANDS OR WETLAND AREAS - Whose 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 feet from such floodways; and all marshes, bogs, swamps, and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of this Program. (See Associated Wetlands definition.) 2-b 1 gi; �� -- - — �--.... — -;-,[ '�•�'T,4t,s{� —} ��i�illlr••r:•t;JZt'ij�;�i^`;�.;"S+=R�'-fLll�r` 1'1 rtr ��I! � r ' !i :' .,,j'fir ry ; � I •� ;ri i.. � ��°�' s�'f��€� t:� ,��!� ��E�lit► c� ..}tc��,r ,f.��J-�i� �ll�i. I� �!€� ,�a,•,I { r I i{.Ir , i�S r k` �•{ ►.�7. r� flit 1 F j ...• r 4; IF[lY~,� ! �� r,.Yi,ij'r. rt` ! 1{r!{ !�. I ��i• , "_� t t 1� # `EFE f- �' ;•a�l S'i�`I�'`•} �I� 1 'i!� ..�';' i`• rt�i;lf �tti':� t. � ► i �:� Ili1!' } 't�t.l.r ,r r• ` .r ;r, aklo+��_i :k�i`l } ��1-r• .{�. 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Y frF r��j[r[,�f#�ilc k�YY1c� it ti:�FF "irt�:i:i'rF:F'�fliE6�l�`l`�� rtf�; .:rii�� E�;��rii' ,� itt �rfE3E �fYt'I�•"y r��i l� �� ;(ftL EFi� f� trrlE[ •fliFci:I4'rt�ii^iGil�ff.l ttiFIji1F��MTi�51Fl.t.t,i�.:� a l � ;1� i� I�e ¢� t[ ��[4 I� �1 ! I E ��, �[6►�}s r�� Y��r{F �I' `[kI 1� E.�III 1►xCi rt.�: iial � LF � � si j�s �! '. ' F`�� 1fiF r i, .9� _ l { !r ¢ , � �lkk� 5 f� �ft I • ! i f�� ' .� .'..1}i�[ r�F,,�.`} EI, � Y { "{ 1�14 i{�I tf 1 � li�,rl�t:r,{�jr� S •I��j = [ {� LF i - rF• r � ff i, ri �ttiF = LfL FL ►ii tAj F {Ikfrrtrt . F[t C� F kF.; +lj1r11 . Ce 'i=' 1'�41{C Fl GOALS 3 jri r :rl�y'��r• +�r�iL'ifr19lAFJ�;. �E Eli Eza #C�F�4Ef�•Fa, 999ee11 � , IA PART 3 - GOALS ,,in recognition that the Shorelines are among the most valuable, scarce and fragile of our natural resources which provide a significant part of our way of life as a place of residence, recreational enjoyment and occupation, it is the intent of this program to provide for the management of the Shorelines of Kitsap County, which gives preference to water dependent and water related uses while encouraging development and activities to co -exist in harmony with the natural conditions." - SHORELINE USE: to provide for a pattern of diverse land and water uses on the shoreline. - CONSERVATION - RESOURCE PRODUCTION: to achieve pro- duction and utilization of renewable resources. To provide for the conservation of the natural shoreline resources. HISTORY AND CULTURE: to identify, preserve, protect and restore areas of historical, cultural, educational and scientific value. ECONOMIC DEVELOPMENT: to provide for the suitable location of commercial and other economic development which is water dependent or related. PUBLIC ACCESS: to provide for safe, convenient and diversified access for the public to publicly own shorelines of Kitsap County and assure that intrusions will not endanger life or adversely affect fragile natural areas. - CIRCULATION: to correlate all existing and proposed circulation routes and facilities with shoreline uses. RECREATION: to provide adequate, appropriately located, convenient and diverse recreational opportunities along the shoreline. 3-1 { { 1 R i .R.1 •n: t 'r. a 1 r1110 f 2' !i ! ilj" 1 . 1 '��. �sr� � � �� :�► � �� a�; ,,� _r � J!{11 i I . �i-� .��r � � �, �q _� � 9��,�� yI �lli1� � � i � � �� ' •�'{il 'R 4 j Ij .i�k r_ ! � i � t.� i � •,:. � ijj � � + � R!�aca 75 �I � h 1� i a •�s K}1ir ! 1 ! •_. .!t � � " �4E � �i 1�'1 H � �� Y!r �� 5S � ii j�� F+l � � ,f� � Jl f.� S till f�l i��ii� ,�!r i � I� .A � ,' � i li,l., � �r 7? � 1� �s � i�` �11� ,��. i ► 1 { �� r �iJ � f" �� R, 1j 1 �11 #11: �� #� •+� M� „�� a , Ir, +A yrS � 1,.1,� is i;�� •�: "i R'�, i �.� i �� r4 ��!' ri� � �, �. a�!r•. i + 1; �� -S,j ,� : i,��,1' � �,i i jf �4��ii i I� ale In�� ' - i� � �;' 4�l��•d�E :� � 7R M�i, w �� }4j .. ��_� y ��i rjj ;a�) "1��If +ii` 7i }i= ! i iV. , ofrig I C,., I. �� i,, 1�9 # ,il" Sii.n S fr'�+l li I�1171! �i .� � :�•„? 11�• E� '.Si�i�'ae� iI� „.iil ,1�� iii. 1 ! r�i � , � ��` ls�iij r I �� i�y ;�i�� { � �� i ��i={ r•�1'4 ;'• � %rl��, �;d�ir�ia" �� . � �: R 1� � � �� i = Y a, ii [�r�• {R ��ca•.1�� ;; � 'y .� I.. 1, � �+ -'2 ��.�+ 1 1 d. 1 '�' i t.�r, ' � � � � , A � 1 �� i � � �{-i '' 1.�. iLR �•�� y yk � 1 !Y �k!:; �'�� #�� }e �.+'� (�i:7 ��)p�� 1 ,fie-. i i� . ! � ff 111 ,. � a • � - ,. e• E.�' i� yq v �C.. - 1p11pp��r } k+e� t .. ��} , i �� • �le..±i�.,��:lr.ldll� � =.Jf��r. ��i1t..,��rS.�_,ilfl__,� ��_ ty.�.� SHORELINE MANAGEMENT cc ; i5 �• 'fie � e•-: 1! �3 ;fat` 1 �y7 r¢3 7a, �irrr� it � iii�a3t1"i"I;'�i��r'� � �' ��1 ��# a ��ir� i� F " 'i 1 j9 r c�l� i� L! i}. +'r.� l+7+ ��eii�T ��>n�,`3•+ 1 �j +'ice'`!. � :3 , .� �_, ti r� i :° l�i ��/•.. � r�� i!�1.. :.i ` i, Pi id jilt i, L 1 S �r i i „ i. !j 77�■ 1 ,1i`jJ7:y"?JJ3�3 �i" ' , r � '.. {� M�t! 1� I� `' : ily „ � f�f" ii \` l�If �• j, .� �� %��4'�ii�i � � i�• � � � � }t..• _ lE�� ! �L .� �►_f� �1� � �J�t.��F{. �n�. rl�!13�[��{ it �� fi��:i�:�:`� �:if�� :;i'1:�!��si 1 :i:�a�� Fs'� �la��:d� f al�:i��l ,1 ii� r Jill I pip- ;�� 3;� 1 I fliflro..r,, ;'! 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Xrr •a .:.. .: !!{'r.,s■ i i v•.�i�� li�l rrr i.'1'171'e�, ■tr.•+.r fi! ; ri!' / �° iltl 177� ` i { ` r!a! �1+Itl+► e i + it r �'J', L... alrl lrY+"il., ., a :.i�F �r i +�{j ..�.l aY• i 1E g` 1 rrielrr. ...N.)t Of ,e fi•f 11i "� R 3 �I.. ff _ .a._ ,i - y; � ii5li VI3 '1{'s3 ;Vi� !1 /1�` llir}!! � �`ieis p■ ! 4 i6#64 1.w�•....rl...Xa.....r�flr�iili1111i+T ` ! � + .i t4! (!� { �j( � ��I1 + e sC.. e:��li! 7'�FiiEkE llif iroY ■FI/1!l��li� i�lliil �i��#� l��(,. #�t11�{e�l�l�1��r��1 ��I�;I�ii��".,.��ilitl�� !"•elfi��!�Me:" �il•:�si7F��i:'e�i��iiRl� !� �t�� !+ IE��1: �p i.r►ii ei�, •, Jf ` # 3. j t ` ■rP� i 1111{ �Ililf9i�iii�rr °i 1� _- itllir�;;�IIIAl� leil�...... r !r!x Ir .:rlR fJ�fl11!!■ e...,._+4_titl C.711.nfAi.:� � R1� !1l111l1i11tYllliitl�l!ir a PART 4 - SHORELINE MANAGEMENT This Master Program establishes five Kitsap County which shall be known as Rural and Urban Environments. (5) environments on the shorelines of Natural, Conservancy, Rural, Semi - There is hereby made a part of this Master Program, a map which shall officially be known as the "Kitsap County Shoreline Environment Designation Map". There shall be only one official copy of this map, which shall be in the custody of the Department of Community Development and available for public inspection at all times during normal business hours. Unofficial copies shall be included as a part of all distributed copies of this Master Program. The Map depicts the areas of Kitsap County which are under the jurisdiction of this Master Program and graphically indicates boundaries of the "Environment Designations". Where appropriate, water areas and adjacent upland wetlands may have different Environment Designations. Where no specific environment desig- nation has been applied to a water body on the.Kitsap County Shoreline Environment Designation Map (which would normally be the situation for rivers and streams due to the mapping problems involved) the adjoining upland environment designation shall apply to the water surface, water column and bedland of the water body. Where different environment desig- nations have been applied to the opposing banks of particular rivers and streams, each designation shall be extended to the midpoint of that water body. 'lue OiL:4910*411K!:: Where uncertainty or conflict may:occur in the exact location of a juris- diction boundary line or environmental boundary line, the official map designation will be used. Where this does not resolve the conflict, the following rules will apply: 1. Boundaries indicated as approximately following the center lines of the streets, highways or alleys shall be construed to follow such lines. 2. Boundaries indicated as approximately following lot, fractional section or lines shall be construed as following such lines. 4-1 ENVIRONMENT BOUNDARIES (CONTINUED): 3. Boundaries indicated as approximately following the corporate limits shall be construed as following such corporate limits. 4. Boundaries indicated as following railroad lines shall be construed to be halfway between railroad right-of-way lines. 5. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) shall be so construed. 6. Distances not specifically indicated on the map shall be determined by the scale of the map. 7. Where physical or cultural features existing on the ground are at variance with those shown on the map or are not covered by (1) through (5)-of the above, the criteria as set forth in this Master Program shall control as interpreted by the Board of County Commissioners. 'lus 00:19100610 1. To encourage those uses which are appropriate to the character of each environment. 2. Existing uses which are not .compatible with an environment should be allowed to expand only under the provisions of a Shorelines Conditional Use Permit and otherwise -will conform to the provisions of this Master Program. Definition: A Natural Environment is defined as as area of some unique natural or cultural features considered valuable in their natural or original condition which are relatively intolerant of intensive human use. Such areas should be areas where human influence and development are minimal or are capable of easily being restored to -a natural condition. They should possess one or more of the following criteria: 1. areas having a high scenic value, and a high value for passive recreation use in their natural state; 4-2 1G :i - 91al \ 41 _1 2. areas which best represent undisturbed natural conditions or basic ecosystems for scientific and educational purposes; 3. areas which provide a significant fish or wildlife habitat; 4. areas which play an important part in main- taining the ecological balance of the region's natural systems. Purpose: The purpose of placing an area in a Natural Environment is to insure that the natural systems will be maintained and/or restored such that they will remain relatively free of human influence and to strictly regulate the type, impact and intensity of use activities made of these shorelines. It is intended that man's use activities will be subordinate to the natural systems. Any activity which would bring about a change in the existing situation would only be desirable if such a change would con- tribute to the preservation of its existing character. Definition: The Conservancy Environment is for those areas which are intended to maintain their existing character. The preferred uses are those which are non -consumptive of the physical and biological resources of the area. Non -consumptive uses are those uses which can utilize resources on a sustained yield basis while minimally reducing opportunities for other future uses of the resources in the area. Activities and uses of a nonpermanent nature which do not substantially degrade the existing character of an area are appropriate uses for a Conservancy Environment. Examples of uses that might be predominant in a Conservancy Environ- ment include diffuse outdoor recreation activities, timber harvesting on a sustained yield basis, passive'agricultural uses such as pasture and range lands, and other related uses and activites. Purpose: The purpose in designating a Conservancy Environment is to protect, conserve and manage existing natural resources and valuable historic and cultural areas in order to ensure a continuous flow of recreational benefits to the public and to achieve sustained resource utilization. 4-3 Definition: A Rural Environment is defined as an area in which the natural, agricultural or recreational features predominate and where the use by man results in only a light modifi- cation of the natural characteristics. Purpose: The purpose of placing an area in Rural Environment is to protect agricultural land from urban expansion, restrict intensive development along undeveloped shorelines, function as a buffer between urban areas, maintain open spaces and opportunities for recreational uses compatible with agri- cultural activities, provide the opportunity for rural living which is of lower unit intensity than the semi -rural living, to provide an environment where living is compatible with the natural systems, and to regulate use activities which may change the natural systems that establish the characteristic nature of the environment. It is intended that man's use activities will interact with the natural systems. Definition: A Semi -Rural Environment is defined as an area in which the predominate feature is the modification by the action of man but which still maintains significant natural features. Pur ose: The purpose of placing an area in a Semi -Rural Environment is to insure the proper utilization of the area by a multiplicity of human uses on a fairly intense scale. It is also intended to retain certain aspects of the natural systems to maintain appearances of a rural or non -urban environment. It is intended that natural systems will interact with man's use activities. Definition: An Urban Environment is defined as an area subject to the intensive human modification of natural features. Purpose: The purpose of placing an area in an Urban environment is to ensure the proper utilization and concentration in the area by a multiplicity of intense urban uses, and to encourage the existence of desirable and pleasant urban shorelines in the County. Because shorelines suitable for urban uses are a limited resource, emphasis should be given to development within already developed areas and particularly to water -dependent industrial and commercial uses requiring frontage on navigable waters. Priority should also be given to public visual and physical access to water in:the urban environment. It is intended that natural systems should be subordinate to man's use activities. 4-4 •=-�iil � . a •�,6,i Ji �(� �i9 �;;1 l Cs�• ��r 1' �. s •'I= I,1 ��#�3�1�t=t�j#.��5�•�}'�:i+'4�+� lai1� !�!�i �1�� 2j�� }!�j ��N��fE ��1t 3 ,k �#5lI�I,ii_'t:�# i,cii,'�':��'.q'"I#;e4 ili��i311ulIi# ]I� �� ii' •• ••s� ��I�� Elj+i{iiiF;iil•ii/i11�..:i=i'•. �li�11�111111i'tlli�l I l�t��ll�lll,Ms.i,fAll�!l;1 ri E�``Al yltrl`�r ii ■/ ! � EAI�'�� R �1'R' alE�i■ ri• ,ii .,,;iuillrl,j� �� Eli � �!i! 14,1 took lailJ0,1i11:i, �(:: 1t111t111 ;in➢I jf } •`'iii�fHYjjit.. # . �.�I��i��i��ii NATURAL SYSTEMS 5 ��rt��!�ir.� �� lt��Mr<�i{';, �� .rq�.,�!! ��1�,.- -' -�rraiiltl�_ .I1I ��:•�;,J1 �'—, � ; -� r �� !' �'� ' �;�+li. i itl��!!lf��•��I�IIE� I. �a�# €��, �� 1� ,;:'' , �,� � e� { i � ��lll � �� li Jis:l��l■.��j}}aaf11 Sijy �� i� j i {} � �+� ;NH R• C 11 �sl�il! i =ilia' +ilttfq Ai ,¢ 11 {k eE ��E ilMiE •EIt / PART 5 - NATURAL SYSTEMS DE FINITIQN Natural systems are physical features or phenomena of nature occurring within the shorelines which are sensitive, in varying degrees, to man's disruptive activity. By definition, natural systems include the following: I. Bogs, marshes and swamps 2. Spits and bars 3. Estuaries 4. Smelt spawning beds 5. Long shore drift zones b. Lakes and streams 7. Eel grass beds aIY 1 '►6 1_ a�. Natural systems must be protected from man-made disruption. At the same time, it is recognized that, in many cases, man's influence and presence in the shoreward 200 feet of the shoreline areas involved would have negligible or no adverse effect on the natural systems. Whenever these natural systems are known to exist in or along the shorelines of the county, appropriate dual environmental classifications as' necessary to protect them are assigned. Should an area along the shorelines not given a dual classification be found to be a natural system -by the definition stated above, it shall be incumbent upon the Administrator to apply the Natural Systems Policies as if the area had been given a dual classifica- tion. The remaining portions of the shoreline areas are assigned separate environmental classifications as otherwise appropriate, or as necessary to supplement the adjacent natural systems environ- mental classifications. 5-1 1. Longshore drift zone areas should be allowed to function with minimal detrimental interference. 2. Structures and other development which may be damaged by flood waters should not be constructed on flood plains. 3. Vegetation should exist or may be added to flood plain areas to prevent erosion and retard runoff. 9. Bogs, marshes, swamps and estuaries should be left undisturbed or may be improved when it is beneficial to aquatic life or wildlife. 5. Sufficient canopy and ground cover vegetation should be retained or may be provided to prevent erosion, protect water quality and maintain the character of the environment: 6. No development which would detrimentally affect smelt spawning areas should be allowed. 7. Any activity, development or use which damages or detrimentally �1 li affects a bar or spit should not be permitted. Ea 8. Shoreline areas which are significant habitats for wildlife and shorebirds should be protected. 9. The concerns expressed in the provisions of WAC 173-16-050 regarding each natural system are to be carefully considered and the above policies are to be followed when appropriate to any development on the shorelines, to the issuance of a substantial development permit, or to the revision of the Master Program. 5-2 j I I# 1 ...x ...!»•x rll � � Y Ir1i.ILFr I aFl{1 �111:1■11uF1f1111 1� 1 ��. � r .EI h h f+►' w _ �ItrY I`1 pit SHORELINES OF s I f�rl°8�s hL. ..h aPV C.' rl.�r•'t-F� STATE WIDE tRYRNYYY;�LYaLfLrh:Lr,ElI�IL.tw ��ElEIEili�iiEs�s6 Lt !. ...• I ; . � ;f '1 T � •F ♦, --. 1. •• ._ w-" •i:'w. r-.. r. ".... •.!_ ..- r■ w. wYNaw••rwx- g L.... 1 %�j "S :Irk■ri III ` .•.. •� r.a.a ..,■ilieil■■\. ,FF; - . :: 1 .■..", •::.., I ..... ••-._cr. 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Y■h•r_.. _ .�laY aN w. .-. ■ PART'6 - SHORELINES OF,STATE--WIDE SIGNIFICANCE MANAGEMENT PRINCIPLES AND DEVELOPMENT GUIDELINES The Shoreline Management Act of 1971'designated certain shoreline areas as shorelines of state-wide significance.: Shorelines.thus designated are important to the entire state. Because these shorelines are major resources from which all people in the state derive benefit, Kitsap County's Master Program must give preference to uses which favor public and long-range goals. Accordingly, Kitsap County's Master Program shall give preference to uses which meet the principles outlined below in.order of preference. �., RECOGNIZE AND PROTECT THE STATE—WIDE INTEREST OVER LOCAL INTEREST. Development Guidelines: (a) Solicit comments and opinions from groups and individuals representing state-wide interests by circulating the Master Program, Master Program amendments and requests,for substantial development permits on shorelines of state-wide significance to state agencies, adjacent jurisdictions, citizen's advisory committees and local officials, and state-wide interest groups. (b) Recognize and take into account state agencies' policies, programs and recommendations in developing and administering use regulations. (c) Solicit comments, opinions and advice from individuals with expertise in ecology, oceanography, geology, limnology, aqua - culture, and other_ scientific fields pertinent to shoreline management. Z, PRESERVE THE NATURAL CHARACTER OF THE SHORELINE'' Development Guidelines: (a) Designate and administer shoreline planning environments and use regulations to minimize man -rude intrusions on shorelines. (b) Encourage upgrading and redeveloping those areas where intensive development already exists, in order to reduce their adverse impact on the environment and to accommodate maximum future growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped areas. (c) Ensure that where commercial timber cutting is allowed, as provided in RCW 90.58.150, reforestation will be possible and accomplished as soon as practicable. 6-1 38 RESULT IN LONG-TERM OVER SHORT-TERM BENEFIT Development Guidelines: (a) Preserve the shorelines for future generations. For example, actions that would convert resources into irreversible uses or detrimentally alter natural conditions characteristic of shore- lines of state-wide significance. should be severely limited. (b) Evaluate the short-term economic gain or convenience of developments in relationship to,long-term and potentially costly impairments to the natural environment. (c) Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities or for the generalenhancement of shoreline areas. PROTECT THE RESOURCES AND ECOLOGY OF THE SHORELINES Development Guidelines: j (a) Leave undeveloped those areas which contain a unique or Ifragile resource. (b) 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, excavations or other activities which increase erosion are to be severely limited. (c) Restrict or prohibit public access onto areas which cannot be maintained in a natural condition under human uses. �I 5INCREASE PUBLIC ACCESS TO PUBLICLY OWNED'AREAS OF THE SHORELINES. Development Guidelines: (a) Give priority to developing paths and trails to shoreline areas, linear access along the shorelines and to developing upland parking. (b) Locate development inland from the ordinary high water mark so that access is enhanced. 5-2 INCREASE RECREATIONAL OPPORTUNITIES FOR THE PUBLIC ON THE SHORELINES Development Guidelines: (a) Plan for and encourage development of facilities for recreational use of the shorelines. (b) Reserve areas for lodging and related facilities on uplands well away from the shorelines with provisions .for non -motorized access to the shorelines. ], SHORELINE AREAS OF KITSAP COUNTY DESIGNATED AS SHORELINES OF STATE-WIDE SIGNIFICANCE Marine Shorelines: Hood Canal - from Foulweather Bluff to the southwestern corner of the boundary of Kitsap County, near Chinurn Point. (Includes tidelands and wetlands.) Puget Sound -- Seaward from line of Extreme Low Tide- 0 6-3 I r r •713J,pl �_, �� 3��, h� '1��r,'• ]• 1 �� I�� I��I��i�t._s�a �,•.t��ix�i��li�i�#�.�3 �i.�:�'"-"-_9i�.9".}::,,=:�: �{"i�i{11i�7��_ �� ! � refl! i �''�i1.��'�� Jill! iiyy � i.. �fir• _ .i�:,1��{�*,211=ei t,hilt !➢il1,,.Yi.r.i}}ii�tl!lfiji, act:i*''r"sitltlfil*5ilY 11ii1 • - 1f1i1�:iiili+'�Yltl�tii{�T a �1 ill'- u.r♦.a._."\Jaf..ri�i EE u i�i��i��{li ° •=i ii� i1q{ Ii1i[il�{ !lfl11�li1!!f!! 1 lriat»f 17s1wta`n .-'rr-..�. �rfi� 1..1 1 1tl11i 11 1.. �. til9 . T� ::lt ,_� ,,IL ��1.rsl{l��iii�{{�,�t��j �� il11iF ,!i ➢ aii�l�iMci. =:�alia w's�7C91� •`p lls q. i - it A• 1 -+S a.,\ A�. Y A�-�T�:ds 'a�s..j,.a, N - � r ♦ _ I� � � I . � •��iL:.�JY2: s I�.:.e1• pE3. rr.«_ � t ��1.• a 75 r +� y i t [l " 1 'a s\u� r ♦♦ e �s Ei� t F iF�■ iCFs�+ L 6 C.T i. .. .a,i R7f � S#YS ^5 �\ � i-_ I t•� ■iT � j rE[. -; ijItl�{tleCFil F�iii�[i:�'�i�'�;•' i:[ �4i i=iiiile� ��Y �� ,�t��ji��ii��l {{�tl!'{�� {�111i i1 i � g� � [! ,�-�it➢I!R ?��1`�1si�i!'{�� 1�1'y �a..t �.'�.7._ A� tl i1E1a �g i7111�,� '# i e �; �.. .9 r " �� ! �i - •I.iy��i f .E : ii i ��ii1i• '}i� � t i{ !i ��. * :j,,:eiiiit��C �� tl 7i� :'::a:a5i} i 1 i!■' �� {i� [ i �'-° "!{��ir.itltl6�E1. � :,. 1) �, " ss• d• 3Yfj-�3 � X��S{�� I °' � i `p+ ill,f ,'7�+ f\.n Tt•. �I� �� -tl, 3 � � � ' � C�ii�� T �11 �.�� [ j �y �/��{ i��iI�1�L:i��i��i�?a�3:.=1T�\_:..• r X��Ey��:r��1 C��I � �� l� �lGtl111 =i�� 1 { fi�■ 7• �s 1.�T1 Is. USE- ACTIVIT ,,�1��►�iiiE�il.�#ii�iii�iiT�,�i fit _ 5tl J{]��101110112141➢r . 'J7dimii:'';5'�• 7�1J IES t7i1i11:�i4ia±i PART 7 - USE ACTIVITIES The Shorelines Management Act Final Guidelines have established 21 sets of Shoreline Use Activities which are to be included within local government shoreline master programs. These use activity categories consist of specific uses or groups of similar uses which are characteristic of the shoreline corridor. They have been formulated as implementing tools to assist in carrying out the intent and policy of the Master Program and the Shoreline Management Act. The policies and regulations developed for each use activity category are intended to serve as the primary set of criteria for evaluating proposed developments and alterations to the shore- line environment. Shoreline use activities not specifically indentified and for which policies and regulations have not been developed will be evaluated on a case by case basis and will be required to satisfy the.goals and general development policies of the Master Program, the policy of the Shoreline Management Act and shall be consistent with the management policy and character of the shoreline environment in which they propose to locate and shall require a substantial development permit. A use activity - shoreline environment compatibility chart (see page 7-3) has been developed by the administrator to graphically portray in very general terms the relationship between the various use activities and the shoreline environments establishment by the use regulations.. This compatibility chart reflects the attempt of the use activity regulations to allow all reasonable and appropriate uses while imposing -the regulatory control necessary to insure preservation of the integrity of the natural systems and natural environment of the shoreline area in which they intend to locate. Additional concerns incorporated in the use regulations and reflected in the compatibility charts included the permissible uses in the natural system areas. 7-1 Use Activity Regulations are a requirement of the Master Program. These regulations are directly supportive of the adopted policies for'each environment and use activity. In the development of the regulations, the special character of each environment has been recognized; the regulations seek to reflect and preserve that character wherever appropriate. To this end, most use activities have three sections: the Definition Section, in which the use is defined, the Policy Section, in which are described the policies of the Piaster Program with respect to a particular use, and the Regulations Section, in which the uses permissible in each environment are described and in which the special conditions and general regulations.controlling each appropriate use are described. All permitted uses in the shorelines are subject to the special conditions and general regulations applicable to those uses. 7-2 KITSAP COUI'Irf "ASTER P°OGRXI - USE ACTIVITIES - SHORELPIE ENVIRONMOTAL COPTATIBIiITY CHART - FOR RUERENC$ ONLY - Ulf_ _A CTIY I TY 8 A S T S R P R 0 1 R A A Ell Yt RONyE!ITAL OES I G I A T t 0 URBAN SE'".I-RURAL PURAL CNSEaVANC7 11ATL'RAL Agricuitural Practical • • • • i1. Aquaculture ♦ • • • T[I. Forest lianagement Practices •t •� •' x IY, C=nerciai Oevelopment • * + * x Y. 304ting Faeillties= Marinas • • • it x Piers and Floating cocks •. • • • Mooring Buoys • • • • Recreational Floats • • • • x Boat launching leads • • • • x V1. Wining III. Outdoor Advertising and On Premise Signs Detached Outdoor Advertising Signs • x3 X1 xs x= On Premise Signs • • • t Y111. Residential Oevelopment Single Family Residences • • • aF x liulti-Faaily Residential Units i • >♦ * x Subdivisions • • • t x Short Subdivisions • .• ! • x Ix. Utilities Sewage Outfail and Treatment Plant •a in 04 x Utility Lines Jother than sewage outfall) • • • * 1r 1. Solid Waste Disposal (Garbage) x x x x x X1. Ports and Hater Related Industries •s x x x x XI1. Shoreline 'narks Bulkheads • • • * *a Brvei"Aters •• • • * x Laadtf l l t * * • x Dredging • • • * x Jetties and Groins • • ! • x wwreline Protactian X0 X7 X7 x7 xr 1III. Road. Railroad and.Bridge Canstruction • • • • x X1Y. Archaeological Areas. Historic Sitas and Scientific Researes Sites • • • • %Y. Recreation • • • • # • fir► ACatritq Puut=ad IA the Envisbrmesst add is subloce to fop"AeftV m muds an stated in CU appmprtagw ds1 AccivitV Saersdn. X aas At=ivlty is petsUMted to ere Zgvix= o 6: * Coe ACllritq is perstitted in the rrsvismemot subjecs Co vhtatalnq A Sftfe"nes C*adltiowl Use Po=&C. t use Activity is persitred subjets to c.-w provi"ms of RcY 96.38.1SO. 7 T?AW Css Activitles sry require an addleloeal approval by U.S. Aray Corps of Gigimers under $&Colon 117 And lI of roe Alvers and Aarsors Age of 1899, 3 use Acelvity is proalblsed but arcspslaas permit sole use acelvi:ies. • Cse Activity Permitted ins Cite aavimnmest only in trrofe sltuatlons where +jpland locaclona are nee teasl.tale. • e pr Aetivity peraleted subjecs cc rear Aecivfep Regulation. a use Acslvlty pertaicrad mlv cc preserve or protect cta Natural anrirorsatarrt. 7 use Activity fbulkheadlnq is streaass and stress msslateAencel is prohibieed in all enviranaents with wrtaia exceptions. 7-3 I. AGRICULTURAL PRACTICES D EEI NIT LON: Agricultural practices are those methods used in vegetation and soil management, such as tilling of soil, control of weeds, control of plant .diseases and lhsect pests, soil main- tenance and fertilization. U! I - Agricultural practices should be conducted in a manner to prevent soil erosion and protect aquatic life and water quality. - Buffers of permanent vegetation should be maintained between tilled areas and associated water bodies which will retard surface runoff and reduce siltation. A. Environments 1. Agriculture is a permitted use in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. Agricultural practices shall be permitted in the Natural Environment subject to obtaining a Shorelines Conditional Use Permit. B. General Regulations 1. A buf_.fer of vegetation, at least 25 feet in width, shall be permanently maintained between commercially cultivated areas and -the ordinary high water mark. 2. A buffer of vegetation sufficient in width to'prevent con- tamination shall be maintained between confined animal feeding operations, animal waste and/or retention and storage ponds, feed Tot wastes, stockpiles of manure solids and confinement lots and the ordinary high water mark. 3. Chemicals and the use thereof in agricultural practices shall conform with the requirements established in Washington Pesti- cides Act RCW 15.57 and Washington Pesticide Application Act RCW 17.21 and regulations promulgated under RCW 15.57 and RCW 17.21. 4. In the regulation of the location of confined animal feeding operations, retention and storage ponds for feed lot wastes, and stock piles of manure solids along the County's shorelines, the control guidelines of the U.S. Environmental Protection Agency and State and local agencies shall be compiled so - that other areas will not be polluted. 7-4 11, AQUACULTURE F EF I N I T I ON ; Aquaculture (popularly - known as fish. farming) is the culture or farming of food fish, shell fish, or other aquatic plants and animals for commercial and recreational purposes. - Aquaculture should be encouraged in Kitsap County and so located to be compatible with navigation and upland use. Jimillwal A. Environments: l.. Aquaculture is permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. Aquaculture shall be permitted in the Natural Environment subject to obtaining a Shorelines Conditional Use Permit, except no facilities associated with aquaculture shall be allowed on the land in a Natural Environ- ment. B" General Regulations 1. Aquacultural activities shall be located so as to provide reasonable navigations access to waterfront property owners. 2. Aquacultural structures shall be placed, when practicable, so as to minimize interference with surface navigation. 3. Aquacultural development shall be designed and constructed to harmonize insofar as possible with the local environment, and shall be maintained in a neat and orderly manner. 4. Aquacultural development shall make reasonable provisions to control nuisance factors such as noise or odor. 5. Aquacultural wastes shall be disposed of in a manner that a will prevent degradation of associated upland, inland, away from the shoreline proper, when practicable. b. Structures or activities associated with aquaculture that are not shoreline dependent shall be located inland, away from the shoreline proper. 7. Equipment, structures and material shall not be abandoned in the shoreline or wetland area. 7-5 1 AQUACULTURE GENERAL REGULATIONS (CONTINUED): 8. Aquaculture facilities or structures which are hazards to navigation shall be suitably marked for day and night visibility. 9. Special precautionary measures shall be taken to minimize the risk of oil or other toxic materials from entering the water or shoreline area. 10. Mechanical and/or hydraulic clam harvesting operations, which use a hydraulic harvester or similar floating equipment, shall be required to obtain a Substantial ,Development Permit. Such a permit shall only be issued if the applicant can show that the proposed operation will not harm fish or shellfish resources, other than those being harvested; will not lead t❑ increase in turbidity of siltation of surrounding property; will be conducted so as to immediately fill back any trenches it digs up to a depth not to exceed three inches; and noise of the proposed operation does not unduly disturb the residents of nearby areas. III. FOREST MANAGEMENT PRACTICES DEFINITION: Forest Management Practices are those activr`ties conducted on or directly pertaining to forest land and involve the protection, production, harvesting and transporting of timber resources. including but not limited to: 1. Construction of logging haul roads longer than.-500 feet in length on shorelines. 2. Timber harvesting. 3. Slash and waste disposal_ 4. Land clearing, including scarification. 5. Reforestation. 6. Chemical application. 7. Fertilization. Processing of .forest products by industrial ox manufacturing means is considered under the section entitled Ports and Water Related Industries. - All economic and social values including, but not limited to use and regeneration of natural resources, education,recrea- tion and public health should be considered in determining and applying use regulations to forest practices. Forest practices should be conducted in such a manner to prevent soil erosion, protect fish and wildlife habitat, pro- tect water quality and to maintain scenic values, Proper road and bridge design, location, construction and maintenance practices should be used to prevent development of roads and structures which would adversely affect shoreline resources. - Assurance should be given that timber harvesting on shorelines of statewide significance does not exceed the limitations established in RCW 90.58.1.50 except as provided in cases where selective logging is rendered ecologically detrimental or is inadequate for preparation of land for other uses. 7-7 FOREST !MANAGEMENT PRACTICES - POLICY (CONTINUED): - Logging should be avoided on shorelines with si.opes of -such grade that large sediment runoff will be precipitated, unless adequate restoration and erosion control can be expeditiously accomplished. Seeding, mulching, matting and replanting should be accomplished, where necessary, to provide stability on areas of steep slope which have been logged. Logging within shoreline areas should be conducted to ensure the maintenance of buffer strips of ground vegetation, brush, alder, and conifers to prevent temperature increases adverse to fish populations and erosion of stream banks. Special attention should be directed in logging and thinning operations to prevent the accumulation of slash and other debris in con- tiguous waterways. Timber situated within two hundred (200) feet abutting landward of the ordinary high water mark within shorelines of the County shall only be harvested by selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten year period of time: PROVIDED, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selec- tive logging ecologically detrimental: PROVIDED further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by the Shoreline Management Act or this Master Program may be permitted. Timber harvesting practices in shorelines of the state should be conducted to maintain the state board of health standards for public water supplies. T Wfl FOREST MANAGEMENT PRACTICES (CONTINUED): A. Environments: 1. Forest practices are prohibited in the Natural Environment. 2. Forest practices are permitted in the Urban, Semi -Rural, Rural and conservancy Environments subject to the provisions of RCW 90.58.150. B. General Regulations: 1. Forest practices shall conform to the Forest Practices Act RC14 76.09; to the provisions of RCW 76.04 and the regulations promulgated thereby. 2. Chemicals and the use thereof in Forest Management Practices shall conform with the provisions of the Washington Pesti- cide Act RCW 15.5, the Washington Pesticide Application Act RCk! 17.21, and the regulations promulgated thereby. 3. All chemical spills shall be immediately reported to the Washington Department of Ecology and the United States Coast -Guard. J 11111111 b I IV. COMMERCIAL DEVELOPMENT DEFjNITION: Commercial developments are those uses which are involved in wholesale and retail trade or business activities. Commercial developments range from small businesses within residences to high rise office buildings and include hotels and restaurants; except that activity for which a home occupation permit is issued pursuant to the provisions of the Kitsap County Zoning Ordinance is not commercial development. PoL�cY` - Commercial development in shoreline areas should be water dependent or water related and encouraged to locate in existing commercial areas. However, non -water related uses which pro- vide an opportunity for a substantial number of people to enjoy the shoreline, such as,.hotels and restaurants, should be encouraged. Commercial development should be compatible in design and scale to the area in which it is located. - Commercial development should be designed and placed so as to have minimal visual impact on the shoreline. - Parking facilities should be placed inland away from the immediate waters edge and recreational beaches. A. Environments: 1. Commercial development is permitted in the Urban Environment. 2. Commercial development shall be permitted in the Semi -Rural, Rural and Conservancy Environments subject to obtaining a Shorelines Conditional Use Permit. 3. Commercial development is prohibited in the Natural Environment. 7-10 COMMERCIAL DEVELOPMENT - REGULATIONS (CONTINUED): General Regulations: 1. Only water -related or water -dependent commercial development shall be permitted on the shoreline. However, non -water -related uses which provide an opportunity for a substantial number of people to enjoy the shoreline, such as, hotels and restaurants, shall be allowed on the shoreline. 2. Parking necessary to the commercial use shall be permitted on the shoreline; however, parking when- ever possible shall be upland of the associated use, and located, designed and screened so as to have minimum visual impact. 7-11 a V. BOATING FACILITIES DEFINITION; MARINAS... A Water dependent facility that provides moorage and/or any of the following, wet and/or dry storage and other related sales and maintenance services, for pleasure and commercial craft. (Community and public docks are not considered a marina.) - Adequate facilities should be provided in areas which may be reached from major population centers. - Marinas should be designed to minimize the impact of water pollution and damage to aquatic life. - Marinas should be aesthetically compatible with adjacent areas. - Shallow water embayments with poor flushing action should not be considered for overnight and long-term moorage facilities. A. Environments 1. A marina is a permitted use in the Urban, Semi Rural and Rural Environments. 2. A marina shall be permitted in the conservancy environment subject to obtaining a Shorelines Conditional Use Pex d t. 3. Marinas are prohibited in the Natural Environment. B. General Regulations Z. "Where marinas are allowed, an evaluation of the following and any other concerns deemed necessary shall be required; water quality, water circulation and flushing, marina life, petro- leum handling and storage upland, impact visual quality and effect upon the environment designation and land use. 2. Design and operational procedures for fuel handling and storage shall minimize accidental spillage and satisfactory means for handling spills that occur shall be provided. 3. Washington State Department of Fisheries criterion for the construction of marinas shall be consulted in planning for marinas. 4. State and local health agency standards and guidelines for the development of marinas shall be considered. 7-I2 W, BOATING FACILITIES (CONTINUED): A pier is a fixed structure built over the crater, used as a landing place for marine transport or for recreational purposes. A floating dock is a platform built for the same purposes and attached to the shore or a fixed pier .by a loosely coupled ramp. The cooperative uses of piers and floating docks should be encouraged. 'Priority should be given to the use of community piers and docks in all new major waterfront subdivisions. The use of floating docks over piers should be encouraged in those areas where-sceni.c values are high and where conflicts with recreational boaters and fishermen are not greatly increased. - Open pile piers should be encouraged where shore trolling is important and where there is significant longshore drift. - Boat docking facilities should not be located in ecologically sensitive areas. I - Size and length of piers and floating docks should be the minimum that provides the required service. Size and length should also be a minimum interference to navigation and other uses of the water area. i e► A. Environments: 1. Piers and floating docks are permitted in the Urban, Semi - Rural, Rural and Consexvancy Environments. 2. Piers and floating docks shall be permitted in the Natural Environment, subject to obtaining a Shorelines Conditional Use Permit. I 7- 13 V. BOATING FACILITIES - REGULATIONS (CONTINUED): B. General.Regulations: 1. When state harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. 2. Where state harbor lines do not apply, piers and docks shall project the minimum distance necessary to service E' the appurtenant vessels and shall not create a hazard to navigation. 3. Individually owned, single, -family residence piers and f docks are permitted where it can be shown that a joint use moorage facility is not feasible. 4. Joint use moorage facilities should be required for residential developments, and should be encouraged, when feasible, for recreational developments and commercial developments. 5. Piers and floating docks for commercial vessels shall automatically require a Substantial Development Permit and shall be evaluated for design in accordance with the policy herein at the time of consideration of the permi t. 6. Private recreational piers or floating docks in fresh- water shall be the same as saltwater. III-:t;ll,llasro► 17 An - anchored :floating device for -the purpose of se- curing a boat or ship. A. Environments 1. Mooring buoys are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. Mooring buoys shall be permitted in the Natural Environment subject to obtaining a Shorelines Conditional Use Permit. S. General Regulations: 1. Mooring buoys shall be readily discernible under normal conditions to the unaided eye at a minimum distance of 100 yards during daylight hours., 7-14 l DEFINITION: RECREATIONAL FLQA.TS An anchored floating platform for water -dependent recreational activities such as swimming, diving, etc. REGULATIONS; A. Environments: l.'"'Recreation floats are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. -Recreation floats are prohibited -in the Natural Environment. B. General Regulations: 1. Where recreation floats are allowed they shall be readily discernible under normal conditions to the unaided eye at a minimum distance of 100 yards during daylight hours. 2. Private recreation floats shall be a maximum of 200 square feet in size. 3. Community recreation floats shall be a maximum of 500 _ square feet in size. 4. Recreation floats shall be located no further seaward than existing floats and mooring buoys. •► M:: 1.- ►: A pair -of sloping tracks usually on top of a concrete or piling -,base for the purpose -of placing a boat in and out of the water. Marine railways should be located at grade when practicable. kuLATIONs: A. Environments: 1. Marine Railways are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. Marine Railways are prohibited in the Natural Environments. 7-15 DEF_INITIdN: BOAT LAUucaua-RAmps A ramp constructed of concrete or other material which extends onto the tidelands. Such ramp is usually used for boat launching by trailers. ISTEM - Public, community and cooperative use of boat launching ramps should be encouraged. - Boat launching ramps should be designed so as to minimize detrimental effects to natural shore processes. REGULATIONS: A. Environments: 1. Boat .launching ramps are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. Boat launching ramps are prohibited in the Natural Environments. B. General Regulations: 1.. Boat launching ramps shall be so designed as not to obstruct longshore drift. 7-16 vj, MINING Mining is the removal of naturally occurring materials from the earth for economic use. The removal of sand soil and gravel in a streambed which has been relocated by flood waters and is causing property erosion and damage is not considered mining in this pro- gram and may be removed. - Where mining is permitted, provisions should be made for the protection of water quality, aquatic life and reclamation of the disturbed land surface areas. - When rock, sand, gravel and minerals are removed from shoreline areas, adequate protection against sediment and silt production should be provided. - Excavations for the production of sand, gravel and minerals should be done in conformance with the Washington State Surface Mining Act. - Removal of sand and gravel from below the ordinary high water mark should be prohibited. A. Environments: 1. Mining shall be permitted in the Urban, Semi -Rural, Rural and Conservancy Environments subject to obtaining a Shore- lines Conditional Use Permit. 2. Mining is prohibited in the Natural Environment. B. General Regulations: I. Application for reining permits shall be accompanied by a report on the geologic makeup of the site, prepared by a professional geologist, addressing the following (at a minimum): - type of material(s) present on the site; - quantity of materials) (by type); - quality of material(s) by type; - lateral extend of mineral deposit; - depth of mineral deposit; - depth of overburden. 7-17 v1, MINING - GENERAL REGULATIONS (CONTINUED); I 2. A surface mining and reclamation plan similar to the Washington State Surface Mine Reclamation Act (RCW 78.44) shall be required for all mining on the F shorelines of the State. 3. The extraction of peat from bogs shall be allowed provided the impervious layer underneath is not distrubed and a lake or pond shall replace the bog. 4. Mining below the ordinary high water mark is pro- f hibited. 5. The deposit of overburden within geographic jurisdiction of this Master Program constitutes landfill and shall comply with the regulations for landfill. (XI - Regulations) a V11, OUTDOOR ADVERTISING AND ON. PREMISE SIGNS D F FINITIot4: Signs are public displayed boards whose purpose is to provide information, direction or advertising. e# - An outdoor advertising sign is one which directs attention to a business, product, activity, or service which is not conducted, sold or offered upon the premises where such is located. on premise. sign is an identification, descrip- tion, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, land, or vegetation and which directs attention to a product, place, activity, person, institution or business. - Detached outdoor advertising and on premise signs should be designed and located so as to have minimal effect on the visual quality of the shoreline. - When feasible, signs should be -so constructed against existing buildings to minimize visual obstructions of the shoreline and water bodies. 1I 1 A. Environments:- 1. Detached outdoor advertising signs are permitted in the Urban Environment. 2. Detached outdoor advertising signs are prohibited in the Semi -Rural, Rural, Conservancy and Natural Environments, except, Public informational signs directly relating to local shoreline use activity; - Temporary directional signs to public or semi-public events. Signs shall be removed within seven (7) days following the event; - Highway and railroad signs necessary for direction, safety or public information. 7-19 R ' VII OUTDOOR ADVERTISING AND ON PREMISE SIGNS - REGULATIONS (CONTINUED); 3. On premise signs are permitted in the Urban, Semi -Rural and Rural Environments. 4. On premise signs shall be permitted in Conservancy and Natural Environments subject to obtaining a Shorelines Conditional Use Permit. B'. General Regulations. 1. Detached outdoor advertising signs shall be unlighted, no higher than five (5) feet and not exceeding twenty (20) square feet in size. 2. On premise signs shall consist on one (1)'sign, lighted or unlighted and having an area of'not greater than forty (40) square feet in size except, businesses having both • land and water access may have one (1) such sign facing landward and one facing seaward. On premise signs -shall. be constructed against existing buildings where feasible. 3. Spinners, flashers, streamers, pennants and other similar attention -getting devices are prohibited. 1-20 VIII. RESIDENTIAL DEVELOPMENT ]DES iiim ; Residential development shall man the construc- tion or exterior alteration of one or hore buildings, structures or portions thereof which are designed for and used to provide a place of abode for human beings including one and two family detached dwellings, multi- family residences, row houses,.townhouses;,-mobile- home parks, and other similar group housing, together with accessory uses and structures normally common to residential uses. Residential development shall not include hotels, -motels or any other type of overnight or transient housing or camping facilities. Although a substantial development permit is not required for construction on wetlands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his 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, sgch con- struction must otherwise conform to this Master Program. - The planned unit development concept should be encouraged on the shoreline. Residential development, including residential subdivisions, should be designed at a level of density and site coverage which is compatible with the character of the shoreline environment. Adequate distance between the ordinary high water mark and residential structures should be maintained to protect water quality, protect natural systems, and insure the integrity of the shoreline environment. Sewage disposal and water supply facilities, must be provided in accordance with local and state health regulations. Storm drainage facilities should be separate not combined with sewage disposal systems. Adequate water supplies should be available so that ground water quality.will not be endangered by over - pumping. 7-21 VIII, RESIDENTIAL DEVELOPMENT - POLICY (CONTINUED): - Residential developments should preserve shoreline vegetation for control of erosion. - Subdividers should be encouraged to provide, within the subdivision, a usuable access to the shoreline for residents of the subdivision. A. Environments: 1. Single family residences are permitted in the Urban, Semi - Rural and Rural Environments. 2. Single family residences shall be permitted in the Conservancy Environment subject to obtaining a Shorelines Conditional Use Permit 3. Single family residences shall not be permitted in the Natural Environment. I B. General Regulations: 1. Sewage disposal and water systems shall be in compliance with state and local rules and regulations and approved by the Bremerton - Kitsap Health Department. 2. Residences over the water shall not be.permitted. 3. Floating homes shall meet the following requirements: Live -aboard boats and houseboats with an interior propulsion plant used for dwelling purposes may be ti located at moorage slips approved in accordance with I sections of this Master Program dealing with marinas, piers, and docks. i E - Houseboats without an interior propulsion plant may be located at moorage slips approved in accordance with the Master Program providing such houseboats are lo- cated in the Urban Environment and have obtained a Substantial Development Permit. - Waste disposal practices shall comply with all local ! and state health department regulations. ►zw' VIII, RESIDENTIAL DEVELOPMENT - REGULATIONS (CONTINUED): A. Environments: 1. Multi -family residential units are permitted in the Urban, Semi -Rural and Rural Environments. 2. Multi -family residential units shall be permitted in the Conservancy Environment subject to obtaining a Shorelines Conditional Use Permit. 3. Multi -family residential units are prohibited in the Natural Environment. B. General Regulations: 1. Sewage disposal and water systems shall be in compliance with state and local rules and regulations and approved by the Bremerton - Kitsap health Department. - 2. Multi -family residential units over the water are prohibited. 3. Only community -type boating facilities, e.g., docks, floats, boat launching ramps are allowed. These facilities shall be constructed in accordance with the appropriate regulations in the section on Boating Facilities herein. A. Environments: 1. Residential subdivision is permitted in Urban, Semi -Rural and Rural Environments. Residential subdivision shall be permitted in the Conservancy Environment subject to obtaining a Shorelines Conditional Use Permit. Residential subdivision is not permitted in the Natural Environment. 2. Short subdivision is permitted in Urban, Semi -Rural; Rural and Conservancy Environments and is not permitted in the Natural Environment. 7-23 i it VII, RESIDENTIAL DEVELOPMENT - REGULATIONS SUBDIVISIONS (CONTINUED): B, General Regulations. I In addition to the General Regulations controlling multi -family residential units, subdivisions shall be subject to the following general regulations. I. Application for development of subdivisions shall include i the following information (at minimum): - Details: (Graphic and Textual) of proposed erosion control plans to be utilized both during and after construction; - Details: (Graphic and Textual) of any proposed _ alteration in the natural charcter of the shoreline; - Provisions for lot owner access to the water body, if any. Provisions for public access to the water body, if any. 2. Filling of, or into, water bodies or their associated wetlands for the purpose of subdivision construction shall not be permitted. 3. Subdivisions or multiple family developments shall not be approved for which flood control measures or bulkheading will be required to create residential lots. 7-24 IX, UTILITIES DEEI N iT I Oil ; Utilities are services which produce or carry electric power, gas, sewage, water, communi- cations, oil, etc. MI - Utilities should be located to serve the present and future i[population in areas planned to accomodate growth. To the maximum extent feasible utility trunk lines and facilities should be located outside the shoreline areas. Whenever utilities must be placed on a shoreline, the choice of location and construction should protect the shoreline environment. Upon completion of installation and maintenance projects on shorelines, banks should be restored to pre -project configuration, re -planted with native species and provided maintenance care until the newly planted vegetation is. established. - Utilities on the shoreline should be placed underground or designed to have minimal visual impact. - Reconstruction or replacement of existing utilities should be in compliance with the policy and regulations for new construc- tion of utilities. - The discharging of sewage effluent over or into the shorelines of the County should be discouraged. A. Environments: 1; Sewage treatment plant outfalls are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. Sewage treatment plants are permitted in these environments only in those situations where upland locations are not feasible. 2. Sewage treatment plant outfalls and sewage treatment plants are prohibited in the Natural Environment. 7-25 i IX. UTILITIES - GENERAL REGULATIONS - SEWAGE OUTFALL AND TREATMENT PLANTS (CONTINUED): B. General Regulations: 1. Where allowed, sewage treatment plant outfalls shall be below the mean lower low water mark and are permitted only where adequate natural water circulation can be provided. 2. All applications for installation of sews a facilities shall include the following (at a minimum7: - Reason why facility must be located in a shoreline area; Alternative locations considered and reasons for their rejection; Location of other facilities near the proposed project and if the location is to include other types of facilities. Proposed method of construction and plans to control erosion and turbidity during construction; - Plans for reclamation of areas disturbed during construction. - Possibility for location of proposed facility within existing utility right-of-way; - Documentation that development is consistent with the Comprehensive Plan. A. Environments: 1. Utility lines are permitted in the Urban, Semi --Rural and Rural Environments. 2. Utility lines shall be permitted in the Conservancy and Natural Environments subject to obtaining a Shorelines Conditional Use Permit. 7-26 r IX. UTILITIES -- GENERAL REGULATIONS - UTILITY LINES (CONTINUED): 8 _ General Regulations: 1. Where utility systems cross shoreline areas, clearing of trees and vegetation for installation or maintenance shall be kept to the minimum width necessary. 2. Upon completion of installation or maintenance projects, the area affected shall be restored to pre -project configuration, replanted with native or pre-existing species and provided with maintenance care until the newly planted vegetation is established. 3. All new and replacement utility lines shall be under- ground except where it can be shown it is not feasible. 4. All applications for installation of utility lines shall include the information required on applications for sewage outfall and treatment plants, on page X. SOLID WASTE DISPOSAL (GARBAGE) Solid waste disposal should not be permitted within the shoreline area affected by this Master Program. H11411W.11180H = No solid waste disposal is permitted on the shoreline. 7- 27 XI. PORTS AND WATER RELATED INDUSTRIES DEFINITION; Ports are centers for water -borne traffic and as such have became. gravitational points for industrial/manufacturing firms. Heavy industry may not specifically require a. waterfront location, but it is attracted to port areas because of the variety of transportation. Uses of the shoreline should be water dependent or related. Port planning should be designed to include public facilities for harbor viewing provided port operations are not curtailed and the public health and safety are not endangered. Waste treatment ponds associated with industry should not occupy as the shoreline and should be located as far away from the water's edge and recreational beaches; as practical. The cooperative use of docking, parking, cargo handling and storage'faciiities should be encouraged in waterfront industrial areas. All levels of government concerned with port development should coordinate planning to avoid wasteful duplication of port services in Puget Sound. Potential adverse impact of industrial piers and docks on other water dependent uses should be evaluated in port planning. Land transportation and utility corridors service ports and water .related uses should follow the provisions of the Utilities and Road and Railway sections of this Master_ Program. Where feasible, transportation and utility corridors should be. located upland to reduce pressure for the use of waterfront sites. 7-28 XI, PORTS AND WATER RELATED INDUSTRIES - REGULATIONS (CONTINUED). A. Environments: 1. Ports and water dependent or water -related industries are permitted in the Urban Environment, subject to the regulations. 2. Ports and water dependent or water related industries are prohibited in the Semi -Rural, Rural, Conservancy and Natural Environments. B. General Regulations: i. Uses located on the shoreline in port areas shall be water dependent or water related. 2. Proposed port developments, expansions, alterations or any phase thereof should be consistent with and based upon an officially adopted comprehensive port development plan. 3. Ports with water dependent and water related uses shall also comply with the sections in this program dealing with Roads, Utilities and Piers and Docks. 4. Waste treatment ponds associated with industry shall not occupy the shoreline and shall be located as far away from the water's edge and recreational beaches as practical. 7-29 XiI, SHORELINE WORKS Bulkheads are structures erected parallel to and near the high water mark for the purpose of protecting adjacent uplands from the action of waves and currents. - Bulkheads should be constructed only for the protection of upland property or facilities not for the indirect purpose of creating land by filling behind the bulkhead. - Bulkheads should be located and constructed in such a manner as to not adversely affect nearby beaches and to minimize alterations of the natural shoreline. - Bulkheads should be constructed so as to not adversely affect adjoining property, to blend in with the surroundings and to not detract from the aesthetic qualities of the shoreline. - Bulkheads of rip -rap construction are preferred over the other types of construction, e.g., timber or concrete. - t Proposals for landfill must comply with the landfill section of the Master Program. - Bulkheads should be constructed in line with adjacent bulk- heads where adjacent bulkheads exist. A. Environments: 1. Bulkheads are permitted in the Urban, Semi -Rural and Rural, Environments. 2. Bulkheads shall be permitted in the Conservancy Environ- ment subject to obtaining a Shorelines Conditional Use Permit. 3. Bulkheads shall be permitted in the Natural Environment subject to obtaining a Shorelines Conditional Use Permit and shall be allowed only to preserve or protect the Natural Environment. 7-30 XII. SHORELINE WORKS - REGULATIONS (CONTINUED): B. General Regulations: 1. Pile and timber bulkheads where allowed;- - shall be located in line with and as close as possible to the foot of the bank, or - directly in front of an"existing bulkhead needing repair. 2. Rip rap and concrete bulkheads where allowed; - shall be located as close as practicable to the foot of the bank. - counterfords below the ordinary high water mark shall be of strut construction and placed to prevent traps for migratory fish. 3. Applications for bulkheads shall include the following, (at a minimum): type of construction; - elevation of the toe.and crest of the bulkhead with respect to water levels; - purpose of bulkhead;- - direction of net longshore drift (when appropriate); - normal low and high water elevations (when appropriate). DEFINITION: BnAmATERS Breakwaters are a protective structure usually built off -shore to protect beaches, bluffs or harbor areas from wave action. NJ 7-31 XII, SHORELINE WORKS - BREAKWATERS - POLICY (CONTINUED): POL. I CY - Floating breakwaters are preferred to solid landfill types. - Solid breakwaters should only be constructed where effects on the movement of beach material and circulation of water will be minimal. - Breakwaters should provide recreational opportunities as well as protection to the shoreline area or facilities where possible. i •► A. Environments: 1. Breakwaters are permitted in the Urban, Semi -Rural and Rural Environments. 2. Breakwaters shall be permitted in the Conservancy Environment subject to obtaining a Shorelines Conditional Use Permit. 3. Breakwaters are prohibited in the Natural Environment. B. General Regulations: 1. Applications for breakwaters shall provide (at a minimum) the following information: - Purpose of breakwater; - Construction material; - Method of construction; - Direction of net longshore drift (when appropriate). 2. Breakwaters shall only be allowed: - For the protection of existing facilities, - For the protection of natural features, - For the public benefit, - For navigational or recreational purposes, or - For commercial activities and marinas. 3. The location of a breakwater shall not render the remaining open water surface unusable'by the public. 7-32 XII, SHORELINE WORKS (CONTINUED): i;]:i;lgglosre 11511814 Landfill is the creation of a dry upland area by the filling or depositing of sand, soil or gravel into a normal submerged or sub- mersible area. - Landfills, where permitted, should be for water dependent uses only and designed to protect the aquatic environment. - Shoreline fills or cuts should be designed and located so that significant damage to existing wildlife habitat and other ecological values, natural resources or alterations.of local currents will not. occur. - Fill material used shall be such that the leachate resulting. from it will cause no more serious a degradation in water quality than naturally occurs from surrounding lands. R4. • M2 A: Environments: 1. Landfills shall be permitted in the Urban, Semi -Rural, Rural and Conservancy Environments subject to obtaining a Shorelines Conditional Use Permit. 2. Landfills are prohibited in the Natural Environment. B. General Regulations: 1. Applications which include landfills shall include the following information (at a minimum): Physical, chemical and biological character of landfill materials; - Source of landfill material; Method of placement and compaction; Type of proposed surfacing; Method of perimeter erosion control; and Proposed use of fill area. 7-33 XII, SHORELINE WORKS - LANDFILL - REGULATIONS (CONTINUED); 2. Fill materials shall be sand, gravel, soil, rock or similar material. Shoreline areas shall not be considered for sanitary landfills or the disposal of solid wastes. 3. All perimeters of fills shall be provided with vegetation retaining walls or other mechanisms for erosion prevention. Dredging is the removal of earth from the bottom of a stream, river, lake, bay or other water body for the purposes of deepening a navigational channel or to obtain use of the bottom material for landfill. " - Dredging, where permitted, should be conducted in a manner to protect the -shoreline environment and aquatic life. Dredging of bottom materials for the single purpose of obtaining fill materials should not be allowed. - Dredging projects should provide an acceptable plan for the disposal of dredge spoils. - Spoil deposit sites in water areas should be identified with the cooperation of the State Department of Natural Resources, Game and Fisheries. - Depositing of dredge materials in water areas should be allowed only for habitat improvement, to correct problems of material distribution affecting adversely 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. 7-34 XII. SHORELINE WORKS - DREDGING (CONTINUED): A. Environments: 1. Dredging is permitted in the Urban, Semi -Rural and Rural Environments. 2. Dredging shall be permitted in the Conservancy.Environment subject to obtaining a Shorelines Conditional Use Permit. 3. Dredging is prohibited in the Natural Environment. S. General Regulations: 1. When dredging is allowed, the following and any other information deemed necessary shall be required: - An analysis of material to be dredged; - Time of dredging; - Method of dredging and disposal; - Location and stabi.l'.ity of bedlands adjacent to proposed dredging area; - Location, size, capacity and physical characteristics of spoils disposal area. 2. Depositing of dredge material in water areas shall be allowed only at approved disposal sites. 3. Maintenance dredging for approved dredged areas shall be permitted only to the limits originally allowed. 4. Dredging of a lake bottom shall be permitted only when approved by the appropriate agencies. Jetties are barrier type structures designed to modify or control sand movement and usually placed at inlets to improve a navigable channel. Groins are barrier type structures extending from the backshore seaward across the beach to interrupt and trap sand. i-35 X11, SHORELINE WORKS - JETTIES AND GROINS - POLICY (CONTINUED)': - Jetties and groins should be designed to minimize effects on wildlife propagation, movement and the aesthetic qualities of the shoreline. Groins will only be allowed when necessary to protect and preserve existing natural features or for the public benefit. RE`G u LAn -ous :_ A. Environments: 2. Jetties and groins are permitted in the Urban, Semi -Rural, Rural and Conservancy environments. 2. Jetties and groins are prohibited in the Natural Environ- ment except for the protection of the environment. B. General Regulations: I. Applications for jetties shall include the following (at a minimum): - Reason for project; - Type of construction; - Method of construction; - Direction of net longshore drift. 2. Applications for groins shall include the following (at a minimum): - Reason for project; Type of construction; - Method of construction Source of destination of material proposed. 3. Jetties and groins shall be designed to be visually compatible with their surroundings. 7-36 XII. SHORELINE WORKS (CONTINUED): r* Flood protection and streamway modification are those activities occurring within the streamway and wetland areas which are designed to reduce over bank flow of high waters and stabilize eroding streambacks. - Installation and maintenance activities should protect or improve the existing character of the streamway. - The water quality and level of lakes and ponds should be maintained to protect fish and other aquatic life. A. Environments: 1. Bulkheading in streams and stream maintenance activities are prohibited in all environments except, - to protect buildings in current use endangered by flooding or erosion. - As provided for in Section 13: Roads, Railroads and Bridge Construction with appropriate permits. - Log jams and other natural obstructions in streamways can be removed to protect life, property and habitat. Such work shall be done through the Hydraulic Permit Procedure as administed by the State Department of Game and Fisheries. B. General Regulations: 1. Bulkheading in streams and bank stabilization measures where allowed - Shall be located, designed and constructed to avoid changing the normal course of the streambed. - Flood protection measures such as dikes shall be placed landward of the streamway and associated swamps or marshes. - Any structure in or adjacent to lakes or streams endan- gered by flooding or erosion and/or defined in the Shoreline Management Plan; if found to be illegal and a non -conforming use and found to be detrimental to water quality and aquatic life by appropriate state agencies, shall be removed by the owner without allowing for repairs. 7- 37 XIII, ROAD, RAILROAD AND BRIDGE CONSTRUCTION DEFINITION: A road is a linear passageway, usually for motor vehicles, and a railroad is a surface linear passageway with tracks for train traffic. Their construction can limit access to shorelines, ,impair the visual qualitites of water -oriented vistas, expose soils to erosion and retard the runoff of flood waters. t A bridge is a structure spanning a river, chasm, road or the like and affording passage. MUM - Since land -use and transportation facilities are so highly inter -related, the plans for each should -be coordinated. - Whenever feasible, major highways, freeways and railways should be located.away from shorelands,.except in port and heavy industrial areas and where permitted, should cross shoreline areas by the shortest most direct route; unless such route would cause significant environmental damage. - Scenic corridors with public roadways should have provision for safe pedestrian and other nonmotorized travel. Also, provision should be made for sufficient view points, rest areas and picnic areas in public shorelines. - Extensive loops or spurs of old highways with high aesthetic quality should be kept in service as pleasure bypass routes, especially where main highways paralleling the old highway must carry large traffic volumes at high speeds. - Road locations should be planned to fit the topography so that minimum alterations of natural conditions will be necessary. - Roads located in wetland areas should be designed and maintained to,prevent erosion and to permit the natural movement of ground water. - All debris, overburden and other waste materials from construction should be disposed of in such a way as to prevent their entry by erosion from drainage, highwater or other means into any water body. Bridges should be located and designed to accommodate the Z1 existing floodways of streams and rivers. - Roads and railroads should be located so as to not require the re-routing of stream and river channels. 7-38 X111. ROAD, RAILROAD AND BRIDGE CONSTRUCTION - REGULATIONS (CONTINUED): A. Environments: 1. Roads, railroads and bridges are permitted in the Urban, Rural, Semi -Rural and Conservancy Environment. 2. Roads, railroads and bridges are prohibited in the Natural Environment. B. General Regulations: I. Application for roads and railroads must adequately address the following: - The need for a shoreline location and that no reasonable upland alternative exists. - The construction is designed to protect the adjacent shoreline against erosion, uncontrolled or polluting drainage and other factors detrimental to the environ- ment both during and after'consturction. That the project will be planned to fit the existing topography as much as possible thus minimizing alterations to the natural Environment. - That all debris, overburden and other waste materials from construction will be disposed of in such a way as to prevent their entry by erosion from drainage into any water body. - That when public roads will afford scenic vistas, viewpoint areas should be provided. Scenic corridors should have sufficient provision for safe pedestrian and non -motorized vehicular travel. 2. Bridge Construction shall conform to the following: - Excavation for and placement of the sills or abutments and outside placement of stringers or girders shall be accomplished from above the ordinary high water mark, except when authorized by the Administration. rM i X111. ROAD, RAILROAD (CONTINUED): AND BRIDGE CONSTRUCTION - REGULATIONS - Bridge approach fills shall not encroach in the floodway of any stream or river. - Any disturbed bank material shall be removed from the channel and any soils exposed by bridge construc- tion shall be protected from erosion by planting or seeding with appropriate ground cover, by rip -rap or other means approved by the Administrator. - All bridges shall be high enough to pass all expected debris and anticipated high water flows. - Where aggregate earthen materials are used for paving or accumulate on bridges, curbs shall be installed to contain the surface material. 3. Private road construction and maintenance shall conform to the following standards: - Road subgrade widths should be the minimum commensurate with the intended use, generally not more than 20 feet for single lane roads. - Roads should follow natural contours where possible. Natural benches,,ridge tops and fiat slopes are preferred locations. - Embankment fills, should: -- be placed in layers of three feet or less in thickness, and compacted by the construction equipment where possible -- consist of inorganic material with a minimum of buried slash and debris. - Erodible cuts and filled slopes should be protected by planting or seeding with appropriate ground cover or by matting immediately following construction. 4. Requirements for culvert installation in streams used by anadromous fish are defined by the Washington Department of Fisheries and culvert installation may require a hydraulics permit. M 7-40 XIV, ARCHAEOLOGICAL AREAS, HISTORIC SITES AND SCIENTIFIC RESEARCH SITES DEFINITION; Archaeological areas include, but are not limited to, ancient villages, military forts, old settlers' homes, ghost towns, trails and any other sites or areas which provide an educational link to the past. - Areas of special significance would be identified and protected for enjoyment by the public. - Scientific research sites should be managed in a manner which allows its continued use for study and analysis. - Substantial Development Permits will contain provisions which require developers to notify local governments if any possible archaeological data are uncovered during excavations. - Consideration should be given to the National Historic Preservation Act of 1966 and Chapter 43.51 RCW which provide for protection, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures and objects significant in history, architecture, archaeology or culture; see also Chapter 27.53 RCW which makes it unlawful to disturb any archaeological site without written permission. roactil W.1 8 tel1 A. Environments: 1. Archaeological areas, historic sites and scientific research sites are permitted in the Urban, Semi -Rural, Rural and Conservancy Environments. 2. Archaeological areas, historic sites and scientific research sites may occur in the Natural Environment and development of them for scientific study or public obser- vation shall be subject to obtaining a Shorelines Conditional Use Permit. 7-41 XIV, ARCHAEOLOGICAL AREAS,.RISTORIC SITES AND SCIENTIFIC RESERACH SITES -- REGULATIONS (CONTINUED): B. General Regulations. i. The following conditions shall be applied to any activity if it is discovered that archaeological artifacts or data are found: - The developer or owner shall notify the Administrator of any archaeological artifacts or data found; - Development shall not commence, for a period of two (2) working days after notifying the Administrator to provide the opportunity for a site inspection or evaluation; and - The Administrator shall contact the Director of the Washington State Parks and Recreation Commission who is responsible for the National Historic Preservation Act of 1966. S 7-42 XV, RECREATION DEFINITION : Recreation is the refreshment of body 'and mind through forms of play, amusement or relaxation. - Recreational development should be located, designed and operated to minimize adverse impacts on the environment. - Publicly owned lands with recreational potential, if not developed for recreational purposes or held in trust for future use, shall be leased rather than sold to develop that potential. - Publicly owned property which provides public access to a body of salt or fresh water should be retained for public use. City, County or State owned lands with recreational potential or scenic value, including roads and alleys, should be used for an educational or recreational purpose such as launching sites, scenic viewpoints and others. - Publicly owned tidelands, tax defaulted tidelands, surplus federal tidelands and other available tidelands should be obtained and retained for public use. Shoreline areas or access sites with a high potential for recreation should be obtained by lease or purchased for public use. - The supply of recreational facilities should be -greatest near and in Urban centers and other heavily populated areas. - Public agencies, private.individuals, groups and developers should be encouraged to coordinate development projects to mutually satisfy recreational needs. - Priority shall be given to developments, other than single family residences, which provide recreational uses and other improvements facilitating public access to shorelines. - To avoid wasteful use of recreational shoreland, parking areas should be located inland away from the immediate edge of the water and recreational beaches. - State and local health agency regulations concerning recreational facilities and watercraft should be consulted when applicable. 7-43 XV, RECREATION - REGULATIONS (CONTINUED): REQuLATTiQNS: A. Environments. 1. Active recreational activities are permitted in the Urban, Rural, Semi -Rural and Conservancy Environments. I 2. Passive and educational recreation are permitted in the Natural environment except active recreation is permitted on bars and spits. B. General Regulations: 1. Recreational areas on the shoreline shall be for water dependent activities such as swimming, diving, etc. However, non -water related uses which provide an opportunity for a substantial number of people to enjoy the shoreline, such as hotels and restaurants, shall be allowed. 2. Vehicular traffic is prohibited on beaches, bars, spits and.streambeds, except for permitted construction and boat launching at traditional sites. 3. Trail access shall be provided to link upland facilities to the beach area. E 7-44 tj H V 0-r a PERMITS - PROCEDURES -FEES APPENDIX 1 PART 8 - APPENDIXES APPENDIX I ' PERMITS — PROCEDURES — FEES .. 111{h/y4'I —/-"' eyI-, �� nh �4�� tl✓�Cf�,~Lf"y r /�,� ^9 7 , e � .L� L✓' \. ..� V I :% NON —PERMIT DEVELOPMENT While all developments in the shoreline area do not require a substantial development permit, no development shall be under- -taken on the shorelines of the county except those which are µ� consistent with the Master Program. jwi{.y • ' � i k .I I ,n: SUBSTANTIAL' DEVELOPMENT PERMIT , t T AFPL I CAT ;All Fermi t applications cations shall be suhmi tted 'the f Communz � by to •Depax-tine � - ty� ve�ld"pmerbt the property , owner, lessee contract , purchaser, or other persons entitled - f to possession of the property or by an authorized agent, on forms supplied.by the Department of Community Development. Applicants for substantial development 'permits shall have the a'• -burden of proving-thata.proposed substantial development is consistent with the criteria which must be -met .before a permit - is granted or denied. in any review of the granting or denying of an application for a permit, the person requesting the review shall have the burden of proof. RCW' 90.58..1.40 (15). o Public�'Hearing Notice is required. Upon receipt of a proper application for a shoreline management substantial development permit,"the administrator shall insure that notices thereof are published at least once a -week on the same day of the week for two consecutive weeks in a news- paper of general circulation within the area in which the development is proposed. In addition, the administrator shall insure that additional notice of such application is given by at least one of the following methods at the option of the applicant. 1. Mailing to the latest recorded real property o gg��__s� as shown by the County Assessor within at least MRundred ,300 (40&) feet of the boundary of the property upon which the substantial development is proposed, 2. Posting in a_conspicuous manner on the property upon which the.project is to be. constructed, or 3. Any other manner deemed appropriate by the Administrator to accomplish the objectives of reasonable notice to ` adjacent landowners and. the public. An affidavit that the notice has been properly published, and/or as applicable, posted or deposited in the U.S. mail pursuant to this section shall be -affixed to the application. Such notices shall include a statement that within thirty (30) days of the final publication, any interested person may submit his written views upon the application to the Administrator or to notify the Administrator of his desire to receive a copy of the action taken upon the application. All persons who notify the Adminis- trator of their desire to receive a copy of the final order shall be notified in a timely manner of the action taken upon the application. If a hearing is to be held on an application, notices of such a hearing shall include a.statement that any person may submit oral or written comments on an application at such hearing. All. notices of applications for shoreline management substantial development permits shall contain, as a minimum, the information called for in WAC 173-14-070, a copy of which is available from the Administrator. 1. $35.00 for projects whose fair market value does not exceed $2531000. 2. $100.00 for projects whose fair market values exceed $25,000. (Mote: Fair Market Value will be determined by the Department of Community Development .after consultation with the Assessor's Office.). e SHORELINES CONDITIONAL USE PERMIT DEEIN I f loN: shorelines Conditional .Use: An allowed.use in an environment requiring special criteria in,addition to the provisions of this Master Program. Uses classified as subject to the issuance.of a shorelines conditional use can be permitted only by meeting -such perfor- mance standards that make the use compatible with other permitted uses with that environment. The'appli-cant must supply whatever evidence, - .',ri!' ormation�or agreements to the uQoard-af--Eoent-y- .ommi-s-s-ion rso -. x'necessary to_make a decision. Shorelines Conditional Use,permits shall be granted only after the applicant can demonstrate all of the - following: 1. The use will cause no unreasonably adverse effects on the .t4...r...-c� xenvi ronment or other existing or potential uses which are allowed outright in the subject environment; 2. .,,The use will not interfere with public use of public shorelines; Y 3. Design of the site will be compatible with the surroundings and`the Master Program; n , 4. ► The proposed use will not be contrary" to the general intent of the Master Program. All applications for Shoreline conditional uses shall be forwarded to the Department of Ecology pursuant to}WAV 176-16-170, for final approval or disapproval. No approval or disapproval shall be considered final until same has been acted upon by the Department of Ecology. Rreeedu-r-e&_and-fees-w-i+l-be-establ-i-shed-b,y s-ubs uent legi-lati-ve- -ac-tton-byy-the-Boarc[- of Geunty-Commi-ssi•oner--s-. �M, IV. VARIANCE DEFI N-I T INN : The means by which an adjustment is made in the application of the regulations to a particular use of a particular piece of property., which property, because of special circumstances applicable to. it, is deprived of privileges commonly enjoyed by other properties or the'use- thereof in the same environmental and/or natural system and which adjustment remedies disparity in privileges. The applicant must identify each provision in the ' regulations for which he desires a variance''.` The applicant must show the Administrator that.if he complies with,the•provisions he cannot rake any reasonable use of his property. The fact s. ' that he might make;a greater profit by°using his property in a manner contrary to the intent of the program is -not a sufficient reason for a variance. ' A variance wily be granted only after the applicant can demonstrate the following: 1. The hardship which services- as the basis for granting the variance is specifically related -to the.property of the applicant and does not apply generally to other property in the vicinity in the same environment; 2. The hardship results from the application of the require - Management Act and Master Program and not from the added restrictions or the applicant's - own actions; .. 3. The'variance, if granted, will.be in harmony with the genera Vpurpose and intent of the Master Program; 4. Public welfare and interest will be preserved;'if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance shall be denied. _ All applications for variances shall be forwarded to the Department of Ecology, pursuant'to WAC 176-16-070, for final approval or disapproval. No approval or disapproval shall -be considered final until same has been acted upon by the Department of Ecology. P,roacedu.r_e-r,-and-Fees_wi.Ll be es tab 1 i sh.e.d_b-y-subt-equen-t l-eg-i-s-l-a�ti-ve ,acti-en-by-the-Board-of-Courrty-Gommiss1one:s . IV, DURATION OF PERMITS The following time requirements shall apply to all substantial development permits, shorelines conditional use permits and variances. 1. Construction or substantial progress toward.construction of a project for which a permit has been granted pursuant to the act must be'undertaken within two years after the approval of the substantial development permit. Substantial progress towards construction.shall include, but.not.be limited to,.the letting of bids, making of contract, purchase of materials involved in development, but shall not include development or uses which are inconsistent with the criteria set forth in WAC 173-14-100. PROVIDED, that in determining the running of the two-year.period hereof, there shall not be included the time during which a development was not actually pursued by construction and the pendency of litigation reasonably related thereto made it reasonable not to pursue; PROVIDED FURTHER, that the Saar-d f--gotr�rt� � s.s r�s` may, at. its discretion extend the two-year time period for a reasonable time based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction. 2. "If a project'for which a permit has been granted pursuant to the act has not been completed within five years after the approval of the permit by the floaro Couoy -"� Ge�mirs5`s that granted the permit shall at the expiration of the give -year period, review the permit,. and upon a showing of good cause, do either of the following: - Extend the permit for one year; or - Terminate the permit; provided that nothing herein shall preclude the-Bea-r-d-ai=— Ceuat-y-Eer i-ss-i-oners from issuing substantial development permits with a fixed termination date of less than five (5) years. W APPENDIX.. II PORT GAMBLE: AND PORT MADISON-INDIAN RESERVATIONS It has been brought to the attention of Kitsap County that a complex set of jurisdictional questions has developed which pertains to the legal appli- cability of the Shoreline Management Act within the boundaries of the Port Madison and Port.Gamble Indian Reservations. Specifically, several important legal issues relating to the degree of self-government an Indian tribe may -exercise over Indian and non -Indian lands and Indian and non -Indian people within their reservations remain unresolved. The following information is intended to assist in explaining the current status of lands in reservations which either_do or could potentially fall under the jurisdiction of the Shoreline Management Act. Kitsap County applies its land use control authority to all lands which are located outside -of the historic bounds of an Indian reservation. y i There are basically two types`of land ownership on the Port Madison Indian reservation:' Trust lands - owned by individual Suquamish Indians or,by the Suquamish Indian Tribe; Fee lands - owned by non -Indians, that is, all people who are not enrolled members of the Suquamish Indian Tribe, or owned by Suquamish Indians or the Suquamish Indian Tribe. All land on the Port Gamble Reservation is trust land that is tribally owned. TRusT S After the. Reservation was established, the Federal Govern- ment assigneindividual-parcels of -land to Indian families on the tribal rolls. These lands are"held ih't'rust and managed by the Bureau of Indian Affairs on behalf of each Indian owner. Certain parcels on allotted lands have reverted to tribal ownership. These tribal lands are held in trust status with joint management responsibility being shared between the reservation tribe and the Bureau of Indian Affairs. Trust lands also include lands reacquired by the tribe 'and placed in reserve status by the Department of Interior. -Kitsap County does not attempt to apply its 1and,use control authority to trust lands. From time to time in the past, the Bureau of Indian Affairs as approved sales of Indian lands to non -Indian purchasers. These fee lands are no longer in trust and are not'subject to the Bureau of Indian Affairs management. Fee lands also include lands reacquired by Indians from non -Indian! and not placed in reserved status by the Department of Interior. Most of the lands owned on the Port Madison Indian Reservation are fee lands. Kitsap County does apply its land use control authority to these lands. U { f r 4 4 �, �� .��, aaa .a �.e�� s�� oUo