Packet February 2, 2021CITY OF PORT ORCHARD
Planning Commission
216 Prospect Street, Port Orchard, WA 98366
(360) 874-5533 planning@cityofportorchard.us
PLANNING COMMISSION MEETING AGENDA
Tuesday, February 2, 2021
6:00 pm
This meeting will be held remotely via telephone and Zoom video conferencing pursuant to the
Governor’s “Stay Home, Stay Healthy Proclamation” No. 20-25, as amended.
Zoom Link:
https://us02web.zoom.us/j/89233355588?pwd=ZmFvNGNGUTlXZHVUTnJrcmowYVdiZz09
Dial-in (phone audio) only: +1 253 215 8782
Meeting ID: 892 3335 5588
Passcode: 213143
1. Call to Order: 6:00 p.m.
Pledge of allegiance
2. Audience Comments – Topics not on Tonight’s Agenda
Please limit comments to 3 minutes.
3. Approval of Minutes from January 13, 2021
4. Business Items
(a) Public Meeting: Draft EIS for Downtown-County Campus Subarea Plan
(b) Public Hearing: Draft 2021 Shoreline Master Program Update
(c) Discussion and Recommendation: Draft 2021 Shoreline Master Program Update
7. Adjourn
CITY OF PORT ORCHARD
Planning Commission Minutes
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 • Fax: (360) 876-4980
Planning Commission Meeting Minutes
January 13, 2021
Zoom Teleconference
COMMISSIONERS:
Present: Stephanie Bailey, Dave Bernstein, Phil King, Annette Stewart (Chair), Trish Tierney, Mark
Trenary
Absent: Joe Morrison
STAFF PRESENT:
Community Development Director Nick Bond, Long Range Planner Keri Sallee
1. CALL TO ORDER: Chair Stewart called the meeting to order at 6:02 p.m., and led the Pledge of
Allegiance.
2. PUBLIC COMMENTS: Shahbaz and Elizabeth Naftchi spoke about their properties located at 719 and
807 Sidney Ave. They reiterated their request that the City rezone/redesignate the properties from
Neighborhood Mixed Use/Commercial to Residential-2/Residential Medium.
3. APPROVAL OF MINUTES FROM NOVEMBER 2, 2020: Commissioner Tierney made a motion to
approve the minutes of the November 2, 2020 Planning Commission meeting, as presented.
Commissioner King seconded the motion. The motion passed unanimously.
4. REVISED PLANNING COMMISSION MEMBERSHIP: Community Development Director Nick Bond
said that in November 2020, the City Council passed an ordinance revising the membership of the
Planning Commission from eight to seven members, in order to reduce the requirement for a quorum
from five to four members. The Council also passed a resolution documenting the current membership
and positions of the Planning Commission.
5. ELECTION OF CHAIR FOR 2021: Commissioner Tierney nominated Chair Stewart to serve as the
Planning Commission Chair in 2021. Commissioner Bailey seconded the motion. The motion passed
unanimously.
6. BUSINESS ITEMS:
A. Public Meeting and Discussion: 2021 Shoreline Master Program Update (SMP). Long
Range Planner Sallee gave a summary of proposed changes to the City’s SMP that have been
prepared in response to the Department of Ecology’s mandated 8-year periodic update. These
included a number of changes that are required to bring the SMP into compliance with updated
federal and state regulations, updates for internal consistency with other City policies and
regulations, new sections addressing sea level rise and potential impacts to the City’s downtown
shoreline, and “housekeeping” changes to resolve minor errors and omissions.
Page 2 of 2
A public hearing will be held on the final draft SMP changes at the February Planning
Commission meeting.
ADJOURN: Chair Stewart adjourned the meeting at 7:27 pm.
Annette Stewart, Chair
Nick Bond, Community Development Director
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 4a Meeting Date: February 2, 2021
Subject:
Public Meeting on Draft EIS
for Downtown-County
Campus Subarea Plan
Prepared by: Nick Bond, Development
Director
Issue: The City of Port Orchard, with a consultant team led by GGLO Architects and Planners, began work
in 2020 to develop a subarea plan and planned action environmental impact statement for the City’s
existing Downtown and County Government Campus subareas. The result of this process has been a single,
draft subarea plan, which is intended to be incorporated into the City’s Comprehensive Plan. The draft
plan provides long-range goals and policies to form a framework for redevelopment in a larger downtown
and county campus area, as well as specific goals and policies for land use, environmental protection, and
transportation. The draft Subarea Plan was released for public review in October 2020 and was reviewed
by the Planning Commission at the November 2, 2020 meeting.
A draft Environmental Impact Statement (DEIS) has been prepared to evaluate the impacts of the draft
subarea plan. The DEIS considers potential impacts and mitigation measures for three land use
alternatives, which include policy changes and land use/zoning changes in the subareas. A No-Action
Alternative is also analyzed. The issues addressed include current land uses, development capacity, likely
future development mix, and the locations of densities and uses, transportation, utilities, public facilities,
amenities, and natural resources. The DEIS was released on January 19, 2021, and public comments are
due by February 18, 2021.
GGLO will provide information to the Planning Commission and the public about the DEIS and the
environmental review process at the February 2 meeting. Comments and questions from the public are
welcome.
The DEIS and the draft Downtown and County Campus Subarea Plan are both large documents, and have
not been provided in the Planning Commission’s electronic packet. They are available to view on the City’s
website at: https://www.cityofportorchard.us/downtown-and-county-government-campus-subarea-plan/
Attachment: GGLO DEIS Presentation Slides
Port Orchard Downtown/County
Government Campus Sub-Area Plan
Environmental Impact Statement
Alternatives/Environmental Issues Studied
Land Use/Relationship to Plans and Policies – land uses and
relationship to State, County, City, and other relevant plans/policies
Population and Employment - population, and employment increases
Housing— housing increases
Aesthetics/Visual Resources – compatibility, views, light and glare
Transportation – motorized and non-motorized transportation
Public Services – police, fire/emergency medical services, schools
Utilities – water, sewer, stormwater
Built Environment
Alternatives
Alternative 1—No Action – No action would be taken to adopt new development policies.
Alternative 2—Higher Capacity Residential Focus – Assumes a residential development focus.
Alternative 3—Higher Capacity Mixed-Use Focus – Assumes a mixed-use residential, commercial retail and office development focus.
Port Orchard Downtown/County
Government Campus Sub-Area Plan
Environmental Impact Statement
A document that and provides an objective, impartial evaluation of the
impacts of the Alternatives.
A planning tool for use by the City, other agencies, tribes, and the public.
A document that identifies mitigation measures and significant
unavoidable adverse impacts.
A planned action EIS and ordinance is a way to have environmental review
of a specific area completed before permits are submitted.
What is a Planned Action EIS?
What is the purpose of this Draft EIS meeting?
Receive comments on the Draft EIS issued on January 19, 2021.
How do I provide comments?
How will my comments be used?
Comments received on the Draft EIS will be responded to in the Final EIS.
Comments provided tonight Mail or email comments by
February 18, 2021
kSallee@cityofportorchard.usm
Port Orchard Downtown/County
Government Campus Sub-Area Plan
Environmental Impact Statement
Determine if an EIS is Needed (Determination of Significance [DS])
Issue DS and Scoping Notice
Prepare Scoping Summary
Identify Alternatives and Environmental Elements
Prepare Supporting Discipline Reports
Prepare/Issue Draft EIS
Invite Public, Tribal, and Agency Comment on Draft EIS
Respond to comments on Draft EIS in Final SEIS Select Preferred Alternative
Issue Final EIS
SEPA SEIS Process
Scoping: provides notice to the public, tribes, and other agencies that a EIS is being prepared, initiates their involvement in the process, and allows them to identify which issues are relevant for the EIS.
Draft EIS: Draft version of the EIS that describes and analyzes the probable significant impacts of the alternatives on the environmental elements.**
Final EIS: Final version of a EIS that responds to comments on the Draft EIS and may include modified alternative(s) and additional analysis.
DS: An environmental impact statement (EIS) is prepared when a project or action is determined to have the potential to have a significant impact(s) on the environment.*
*The City of Port Orchard has issued a DS for the project and a EIS is being prepared.
**A Public Draft EIS meeting is optional, but is being held for the proposed subarea plan.
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 4b and c Meeting Date: February 2, 2021
Subject:
2021 Shoreline Master
Program Periodic Update –
Public Hearing and
Recommendation
Prepared by: Nick Bond, Development
Director
Issue: The City is currently reviewing and updating its Shoreline Master Program (SMP), according to the
periodic update timeline and requirements of the Washington State Department of Ecology. In January
2021, the Planning Commission reviewed the complete draft SMP update, which included the main
document, revised maps and Appendix E, and the recommendations prepared by Herrera Environmental
Consultants to address the impacts of future sea level rise on the City’s downtown shoreline.
At the February 2, 2021 meeting, the Planning Commission is requested to hold a public hearing on the
final draft documents (unchanged since January except for typographical and pagination corrections).
Recommendation: The Planning Commission is requested to consider public testimony and comment
provided at the public hearing, and recommend that the City Council approve the 2021 periodic update to
the Shoreline Master Program, subject to final approval by the Department of Ecology.
Suggested Motion: “I move to recommend that the City Council approve the 2021 periodic update to
the Shoreline Master Program, subject to final approval by the Department of Ecology.”
Attachments:
1. Port Orchard SMP – clean version of proposed updates
2. Port Orchard SMP – redline version of proposed updates
3. SMP Appendix E (to become Appendix C) – proposed updates in redline
4. Appendix A – revised shoreline maps
DRAFT: CLEAN REVISED VERSION
SHORELINE MASTER PROGRAM 2021
CITY OF PORT ORCHARD
CITY OF PORT ORCHARD
REVISED FEBRUARY 2021
Page 2 City of Port Orchard Shoreline Master Program | Revised February 2021
Page 3 City of Port Orchard Shoreline Master Program | Revised February 2021
Page 4 City of Port Orchard Shoreline Master Program | Revised February 2021
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION………………………………………………………………………8
1.1 Requirements of the Shoreline Management Act
1.2 Purpose and Intent of the Shoreline Master Program
1.3 Authority
1.4 Public Trust Doctrine
1.5 Governing Principles and Legislative Findings
1.6 References to Plans, Regulations, or Information Sources
1.7 Severability
1.8 Periodic Review and Effective Date
CHAPTER 2: SCOPE AND SHORELINE JURISDICTION……………………………………….14
2.1 Applicability
2.2 Port Orchard Shoreline Jurisdiction
2.3 Relationship to Other Plans and Regulations
CHAPTER 3: SHORELINE INVENTORY SUMMARY…………………………………………….18
3.1 Introduction
3.2 Study Area
3.3 Summary of Findings
CHAPTER 4 SHORELINE ENVIRONMENTS……………………………………………………..22
4.1 Applicability
4.2 Official Shoreline Map
4.3 High-Intensity Environment
4.4 Shoreline Residential Environment
4.5 Urban Conservancy Environment
4.6 Natural Environment
4.7 Aquatic Environment
CHAPTER 5 MASTER PROGRAM ELEMENTS AND GOALS …………………....28
5.1 Introduction
5.2 Economic Development
5.3 Public Access
5.4 Recreation
5.5 Transportation
5.6 Shoreline Use
Page 5 City of Port Orchard Shoreline Master Program | Revised February 2021
5.7 Conservation
5.8 Historic, Cultural, Scientific, and Educational
5.9 Flood Hazard Reduction
5.10 Climate Change and Sea Level Rise
CHAPTER 6 GENERAL POLICIES AND REGULATIONS………………………………………30
6.1 Applicability
6.2 Archaeological, Historic & Cultural Resources
6.3 Critical Areas
a. Wetlands
b. Geologically Hazardous Areas
c. Critical Saltwater Habitat
d. Critical Freshwater Habitat
6.4 Flood Hazard Reduction
6.5 Public Access
6.6 Shoreline Vegetation Conservation
6.7 Climate Change and Sea Level Rise
CHAPTER 7 SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS……42
7.1 Shoreline Uses
7.2 Shoreline Development Matrix
7.3 Agriculture
7.4 Aquaculture
7.5 Boat Ramps and Launches
7.6 Commercial Development
7.7 Flood Control Works and Instream Structures
7.8 Industrial and Port Development
7.9 Marinas
7.10 Moorage; Docks, Piers, and Mooring Buoys
7.11 Parking
7.12 Recreation
7.13 Residential Development
7.14 Shoreline Stabilization and Bulkheads
7.15 Signs
7.16 Transportation Facilities
7.17 Utilities
Page 6 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 8 SHORELINE ADMINISTRATION AND PERMIT PROCEDURES………………65
8.1 Shoreline Administrator
8.2 Hearing Examiner
8.3 Shoreline Exemptions
8.4 Multiple Permits Required
8.5 Shoreline Substantial Development Permits
8.6 Shoreline Conditional Use Permits
8.7 Shoreline Variances
8.8 Appeals
CHAPTER 9 NONCONFORMING DEVELOPMENT AND
USES………………………………………….71
9.1 Nonconforming Development
9.2 Nonconforming Uses
9.3 Nonconfoming Structures
9.4 Nonconforming Lots
CHAPTER 10 SHORELINE ENFORCEMENT AND PENALTIES…………………………….….73
10.1 Shoreline Enforcement
10.2 Penalties
CHAPTER 11 MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION……………74
11.1 Master Program Review
11.2 Amendments to Shoreline Master Program
11.3 Severability
11.4 Effective Date
CHAPTER 12 DEFINITIONS…………………………………………………………………………75
REFERENCES
APPENDICES
Appendix A – Official Shoreline Maps
A1: Official Port Orchard Shoreline Map
A2: Shoreline Environmental Designation Maps
Page 7 City of Port Orchard Shoreline Master Program | Revised February 2021
Appendix B- Restoration Plan
Appendix C - Mitigation and Restoration for Redevelopment Activities in the High
Intensity Shoreline Environment Designation
Page 8 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 1: INTRODUCTION
1.1 Requirements of the Shoreline Management Act
Washington’s Shoreline Management Act (SMA) (Chapter 90.58 RCW, the Shoreline Management Act of
1971) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The Act
was created in response to a growing concern among residents of the state that serious and permanent
damage was being to shorelines by unplanned and uncoordinated development. The goal of the Act
was “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s
shorelines.” While protecting shoreline resources by regulating development, the Act is also intended to
provide for appropriate shoreline growth by encouraging land uses that enhance and conserve shoreline
function and values.
The State shoreline guidelines (WAC 173-26), updated and adopted in 2003, emphasize the protection
and restoration of shoreline natural resources, and give specific guidance to local jurisdictions The
guidelines refer to the protection of shoreline ecological processes (such as hydrology and sediment
transport) and shoreline ecological functions (provided by water quality, vegetation, and habitat). A
major concept in the protection of ecological functions is termed “no net loss.”
The Washington Shoreline Management Act (SMA) has three broad policies:
• Promote preferred shoreline uses: “uses shall be preferred which are consistent with
control of pollution and prevention of damage to the natural environment, or are
unique to or dependent upon use of the state’s shorelines…”
• Promote public access: “the public’s opportunity to enjoy the physical and aesthetic
qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible consistent with the overall best interest of the state and the people generally.”
• Protect shoreline natural resources: This includes “…the land and its vegetation and
wildlife, and the water of the state and their aquatic life…”
In establishing preferred uses of the state’s shorelines, the SMA defines “water-dependent,” “water-
related,” and water-enjoyment” uses. These terms are officially defined in Chapter 13 of the SMP.
General descriptions and example are included below.
• Water-dependent use means a use that requires direct access to the water to
accomplish its primary function. It is a use, or a portion of a use, which cannot exist in a
location that is not adjacent to the water and which is dependent on the water by
reason of the intrinsic nature of the operation. Example: marina, ferry terminal, boat
launch.
• Water-related use means a use that does not require direct access to the water, but
provides goods or services associated with water dependent uses. A uses or portion of a
Page 9 City of Port Orchard Shoreline Master Program | Revised February 2021
use which is not intrinsically dependent on a waterfront location but whose economic
viability is dependent upon a waterfront location. Example: boat repair, kayak rentals.
• Water-enjoyment use means a use that does not require access to the water, but is
enhanced by a waterfront location. This includes uses that facilitate public access to the
shoreline as a primary characteristic of the use; or uses that provide for recreational use
or aesthetic enjoyment of the shoreline for a substantial number of people. The use
must be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
Example: Restaurants, parks.
• Water-oriented use means a use that is water-dependent, water-related, or water-
enjoyment, or a combination of such uses.
1.2 Purpose and Intent of the Shoreline Master Program
The primary purpose of the Act is to provide for the management and protection of the State’s shoreline
resources by planning for reasonable and appropriate uses. The law provides a two-tier planning and
regulatory program by the state and local government. By law, the City is responsible for the following:
• Preparation of a Master Program in accordance with the policies and requirements
of the Act and the State Shoreline Guidelines (WAC 173-26).
• Development of a permit system in accordance with the requirements of the Act.
Further, the purposes of this Master Program are;
• To carry out the responsibilities imposed on the City of Port Orchard by the Washington State
Shoreline Management Act (RCW 90.58).
• To promote uses and development of the Port Orchard shoreline consistent with the City of Port
Orchard Comprehensive Plan while protecting and restoring environmental resources.
• To promote the public health, safety, and general welfare by providing a guide and regulation
for the future development of the shoreline resources of the City of Port Orchard.
1.3 Authority
Authority for enactment and administration of the Shoreline Master Program is the Shoreline
Management Act of 1971, RCW 90.58, Washington’s Shoreline Management Act, RCW 90.58, was
adopted in 1972. The purpose of the Act is to “prevent the inherent harm in an uncoordinated and
piecemeal development of the state’s shorelines.” It has three broad policies: encourage water-
dependent uses on the shoreline; protect shoreline natural resources; and, promote public access.
Page 10 City of Port Orchard Shoreline Master Program | Revised February 2021
The Act establishes the concepts of preferred uses and priority uses in shoreline areas. RCW 90.58.020
indicates that preferred" uses are those “which are consistent with control of pollution and prevention
of damage to the natural environment, or are unique to or dependent upon use of the state’s
shorelines.” This section further states that priority uses include single family residences, ports,
shoreline recreational uses, water dependent industrial and commercial developments and other
developments that provide opportunities for the public to access the shoreline environment. To the
maximum extent possible, the shorelines should be reserved for "water-oriented" uses, including
"water-dependent", "water-related" and "water-enjoyment" uses, as defined in the Act.
The overarching policy is that “the public’s opportunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the
overall best interest of the state and the people generally.
RCW 90.58.020 and .100 provide goal and policy direction for the SMP, including:
• Protect the natural character and the resources and ecology of the shoreline;
• Increase public access and recreational opportunities;
• Mitigate and restore for habitat impacts to ensure no net loss of habitat function;
• Maintain the public right of navigation;
• Prioritize water-dependent and single-family residential uses and development;
• Coordinate shoreline management with other relevant local, state and federal regulations;
• Prevent and minimize flood damage;
• Protect private property rights;
• Protect and restore sites with historic, cultural or educational value.
1.4 Public Trust Doctrine
The Shoreline Management Act also implements the common law Public Trust Doctrine. The Public Trust
Doctrine is a legal principle derived from English Common Law. The essence of the doctrine is that the
waters of the state are a public resource owned by and available to all citizens equally for the purposes
of navigation, conducting commerce, fishing, recreation and similar uses and that this trust remains
relevant even when the underlying land is in private ownership. The doctrine limits public and private
use of tidelands and other shorelands to protect the public's right to use the waters of the state. The
Public Trust Doctrine does not allow the public to trespass over privately owned uplands to access the
tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water
mark.
1.5 Governing Principles and Legislative Findings
In the Shoreline Management Act of 1971, RCW 90.58.020, the legislature found the following:
“The legislature finds that the shorelines of the state are among the most valuable and fragile of its
natural resources and that there is great concern throughout the state relating to their utilization,
protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional
uses are being placed on the shoreline necessitating increased coordination in the management and
development of the shorelines of the state. The legislature further finds that much of the shorelines of
the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on
Page 11 City of Port Orchard Shoreline Master Program | Revised February 2021
the privately owned or publicly owned shorelines of the state is not in the best public interest; and
therefore, coordinated planning is necessary in order to protect the public interest associated with the
shorelines of the state while, at the same time, recognizing and protecting private property rights
consistent with the public interest. There is, therefore, a clear and urgent demand for a planned,
rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the
inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by planning for
and fostering all reasonable and appropriate uses. This policy is designed to insure the development of
these shorelines in a manner which, while allowing for limited reduction of rights of the public in
navigable waters, will promote and enhance the public interest. This policy contemplates protecting
against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of
the state and their aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the management of
shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide
significance, and local government, in developing master programs for shorelines of statewide
significance, shall give preference to uses in the following order of preference which:
1) Recognize and protect the statewide interest over local interest;
2) Preserve the natural character of the shoreline;
3) Result in long term over short term benefit;
4) Protect the resources and ecology of the shoreline;
5) Increase public access to publicly owned areas of the shorelines;
6) Increase recreational opportunities for the public in the shoreline;
7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities
of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the
overall best interest of the state and the people generally. To this end uses shall be preferred which are
consistent with control of pollution and prevention of damage to the natural environment, or are unique
to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines
of the state, in those limited instances when authorized, shall be given priority for single family
residences and their appurtenant structures, ports, shoreline recreation uses including but not limited to
parks, marinas, piers, and other improvements facilitating public access to shorelines of the state,
industrial and commercial developments which are particularly dependent on their location on or use of
the shorelines of the state and other development that will provide an opportunity for substantial
numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the
shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands
of the state shall be appropriately classified and these classifications shall be revised when circumstances
warrant regardless of whether the change in circumstances occurs through man-made causes or natural
causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of
the state no longer meeting the definition of “shorelines of the state” shall not be subject to the
provisions of chapter 90.58 RCW.
Page 12 City of Port Orchard Shoreline Master Program | Revised February 2021
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize,
insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any
interference with the public’s use of the water.
1.6 References to Plans, Regulations, or Information Sources
A. 1973 Shoreline Master Program (Amended in 1994). This SMP was originally adopted as Kitsap
County’s shoreline document. Port Orchard adopted it by reference. Changes were made in 1992, and
again in 1994 that made it more specific to Port Orchard’s shoreline.
B. Critical Areas Ordinance. Chapter 20.162 of the Port Orchard Municipal Code, Critical Areas
Regulations (Ordinance 019-17, adopted June 23, 2017.) provides rules, setbacks, mitigation and other
regulations for geologically hazardous areas, wetlands, streams, etc. For regulatory purposes, Chapter
20.162 applies to critical areas within the shoreline jurisdiction, , but this Master Program overrides the
regulations in Chapter 20.162 within the shoreline jurisdiction if any conflict between the critical areas
ordinance and the Master Program shall occur.
C. 2016 Comprehensive Plan. The 2016 Comprehensive Plan, (Ordinance 014-16, adopted June
22, 2016) lays out a vision for the future of the City, including land use, housing, and parks needs.
D. Blackjack Creek Watershed Assessment and Protection and Restoration Plan (December 29,
2017). The Blackjack Creek plan includes watershed assessment findings, a set of strategies for
addressing degraded watershed processes, and recommended actions for the protection and
restoration of ecological processes and habitats.
1.7 Severability
The Act and this Program, as adopted and amended, comprise the basic state and municipal law
regulating use of shorelines in Port Orchard. In the event provisions of the Program conflict with other
applicable city policies or regulations, the more restrictive shall apply. Should any section or provision of
this Program be declared invalid, such decision shall not affect the validity of the Program as a whole
1.8 Periodic Review and Effective Date
The most recent comprehensive update to this Program was approved by the Department of Ecology in
March 2013. Subsequent City-initiated minor revisions were approved by Ecology in February 2018.
In accordance with the requirements of RCW 90.58.080, each local jurisdiction is required to review,
and, if necessary, revise their Shoreline Master Program at least once every eight years. The purpose of
the periodic review is to ensure that Program complies with applicable law and guidelines in effect at
the time of the review, and to ensure that the Program is consistent with the local government's
comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable,
and other local requirements. The periodic review process also the method for bringing shoreline
master programs into compliance with the requirements of the act that have been added or changed
since the last review.
Page 13 City of Port Orchard Shoreline Master Program | Revised February 2021
The City of Port Orchard was required to complete its periodic review by June 30, 2021. This Program
and all amendments thereto shall become effective fourteen (14) days after written notice of final
action is issued by the Department of Ecology. The revisions adopted by the City in response to the
periodic review requirement were approved by Ecology and are effective on **, 2021.
Page 14 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 2: SCOPE AND SHORELINE JURISDICTION
2.1 Applicability
Concepts and terms related to the City’s shoreline jurisdiction are specific to those described in RCW
90.58.030, WAC 173-26-020, WAC 173-27-030, and WAC 173-22-030.
Under the SMA, the shoreline jurisdiction includes all water areas of the state, the lands underlying
them, and areas that are 200 feet landward of the ordinary high water mark (OHWM) of waters that
have been designated as “shorelines of statewide significance” or “shorelines of the state.” These
designations we established in 1971, and are described in RCW 90.58.030. Generally, “shorelines of
statewide significance” include portions of Puget Sound and other marine waterbodies, rivers west of
the Cascade Mountains that have a mean annual flow of 1,000 cubic feet per second (cfs) or greater,
rivers east of the Cascade Range that have a mean annual flow of 200 cfs or greater, and freshwater
lakes with a surface area of 1,000 acres or more. “Shorelines of the state” are generally described as all
marine shorelines and shorelines of all streams or rivers having a mean annual flow of 20 cfs or greater
and lakes with a surface area greater than 20 acres.
The City of Port Orchard and its associated urban growth area (UGA) contains marine shoreline, one
stream, and two lakes that meet the criteria for shoreline jurisdiction.
Any person or party wishing to undertake activities constituting “development” (defined in Chapter 12)
within the shoreline jurisdiction must conform to the Shoreline Management Act and this Master
Program. All uses, even those not meeting the definition of development, are subject to the provisions
and development regulations of this SMP, even if a permit is not required.
This Master Program shall apply to every individual , firm, partnership, association, organization,
corporation, local, state or federal governmental agency, public or municipal corporation, or any other
entity which develops, owns, leases, or administers lands, wetlands or waters that fall under the
jurisdiction of the Shoreline Management Act.
The City shall regulate development within the shoreline jurisdiction under its general authority to
regulate for the general health, safety, and welfare and its specific authority under the SMA. All uses
within shoreline jurisdiction must be consistent with the policies and regulations of the Port Orchard
SMP regardless of whether they require development or not. Furthermore, Shoreline Conditional Use
and/or variance permits may still be required, even if a development activity is exempt from a shoreline
substantial development permit. An exemption from a Shoreline Substantial Development Permit does
not constitute an exemption from the policies and regulations of the Shoreline Management Act, this
Master Program, or any other applicable city, state, or federal permit requirements.
WAC 173-27-140(1): No authorization to undertake use or development on shorelines of the
state shall be granted by local government unless upon review the use or development is
determined to be consistent with the policy and provisions of the Shoreline Management Act and
the Master Program.
Page 15 City of Port Orchard Shoreline Master Program | Revised February 2021
2.2 Port Orchard Shoreline Jurisdiction
Shorelines within the city of Port Orchard include those portions of Puget Sound lying within the city
limits and all lands extending landward 200 feet in all directions as measured on a horizontal plane from
the ordinary high water mark together with any associated wetlands, river deltas, and floodways
associated with tidal waters that are subject to the provision of this chapter and whose locations have
been designated by the Department of Ecology. However, the Shoreline Management Act does not
apply to lands under exclusive federal jurisdiction.
The City also contains shorelines of statewide significance (SSWS). These SSWS are the marine
shorelines from extreme low tide to the middle of Sinclair Inlet, which are adjacent to unincorporated
Kitsap County and the City of Bremerton limits. In accordance with the State Shoreline Management
Act, the uses of SSWS are in the following order of preference:
1) Recognize and protect the statewide interest over local interest;
2) Preserve the natural character of the shoreline;
3) Result in long term over short-term benefit;
4) Protect the resources and ecology of the shoreline;
5) Increase public access to publicly owned areas of the shorelines;
6) Increase recreational opportunities for the public in the shoreline;
7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Additionally, Port Orchard shorelines also include Washington Department of Natural Resources Harbor
Areas that are reserved for commerce and navigation.
In addition to the marine shorelines described above, the City contains one creek, Blackjack Creek,
which meets the threshold of a shoreline of the state. According to information provided by the Kitsap
Public Utilities District, which has a stream flow gauge in Blackjack Creek just downstream of the
confluence of Ruby Creek, the average discharge for the years 2006 to 2009 was 18 cfs. To make an
even breaking point for shoreline jurisdiction the confluence with the unnamed stream that merges
underneath State Route 16 was selected as the end of shoreline jurisdiction for Blackjack Creek. The
estuarine portion of Ross Creek is also a regulated shoreline of the state.
The City also has portions of two lakes that qualify as shorelines of the state. Big Lake, in the extreme
southwest portion of the City, is approximately 22 acres, with four of those acres within City limits.
Square Lake is approximately 30 acres, with ten acres within city limits.
Associated wetlands, deltas and floodways that are included in the shoreline jurisdiction are those that
influence or are influenced by the regulated waters of Puget Sound. In general, a wetland is
Page 16 City of Port Orchard Shoreline Master Program | Revised February 2021
“associated” if all or a portion of the wetland falls within that area that is 200 feet from the OHWM. A
wetland outside of this area may also be associated if it is in proximity to the shoreline and there is a
demonstrated influence between the wetland and the shoreline. Such influence can include hydraulic
continuity, such as surface or groundwater connection.
Figure 2.1 – City of Port Orchard Shoreline Jurisdiction
2.3 Relationship to Other Plans and Regulations
Uses and developments regulated by this Program may also be subject to other provisions of the Port
Orchard Municipal Code (POMC), the City of Port Orchard Comprehensive Plan, the Washington State
Environmental Policy Act (SEPA – RCW 41.21C and WAC 197-11), and other local, state and federal laws.
Project proponents are responsible for complying with all applicable laws prior to commencing any use,
development or activity. Where this Program makes reference to any RCW, WAC, or other state or
federal law or regulation, the most recent amendment or current edition shall apply. In the event this
Page 17 City of Port Orchard Shoreline Master Program | Revised February 2021
Program conflicts with other applicable County policies or regulations, all regulations shall apply and
unless otherwise state, the more restrictive provisions shall apply.
The Port Orchard SMP refers to the City’s Comprehensive Plan, Zoning Code, Critical Areas Ordinance
and other development plans and ordinances for which the SMP has relevance. Development within
shoreline jurisdiction must also comply with zoning requirements, any special overlay districts, and the
view protection overlay district as outlined in POMC Title 20. In case of conflict between the land use
regulatory requirements and the SMP, the stricter requirement applies.
Page 18 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 3: SHORELINE INVENTORY SUMMARY
3.1 Introduction
The City of Port Orchard completed its Shoreline Inventory and Characterization Report in July 2010.
The purpose was to describe existing conditions along the Port Orchard shoreline to allow development
of goals, policies, and regulations for the Shoreline Master Program. That document, and reference
documents included in the Appendix, provide a comprehensive analysis of ecological health and the
built environment along Port Orchard’s shorelines, and serves as a baseline for measuring no net loss of
shoreline ecological functions.
The following are the documents that contain the most information about Port Orchard’s shorelines and
were relied upon to prepare the Inventory and Characterization Report.
• City of Port Orchard Comprehensive Plan (City of Port Orchard, 2008)
• East Kitsap County Nearshore Habitat Assessment and Restoration Prioritization Framework
Batelle Marine Sciences Laboratory, 2009)
• City of Port Orchard Shoreline Resource Analysis and Inventory (Applied Environmental Sciences,
2003)
• Blackjack Creek Comprehensive Management Plan for the City of Port Orchard (FishPro, 1989)
Additionally, a list of other data sources are cited in Appendix F of the Shoreline Inventory and
Characterization Report, which is available online at www.cityofportorchard.us or at the Department of
Community Development.
3.2 Study Area
According to the Shoreline Management Act, found in WAC 173-26, and RCW 90.58, local jurisdictions
must create a Shoreline Master Program (SMP) for any “shoreline of the state.” These shorelines are
generally described as all marine shorelines and shorelines of all other streams or rivers having a mean
annual flow of 20 cfs (cubic feet per second) or greater and lakes with a surface area greater than 20
acres.
Within City limits, there are just over three miles of Puget Sound shoreline, over two miles of Blackjack
Creek shoreline, and portions of Big Lake and Square Lake, which are over 20 acres. Additionally, in the
Urban Growth Area (UGA), there are nearly three miles of Puget Sound shoreline, portions of Blackjack
Creek, and a portion of the west side of Big Lake.
Page 19 City of Port Orchard Shoreline Master Program | Revised February 2021
3.3 Summary of Findings
3.3.1 Sinclair Inlet Shoreline
In the Inventory and Characterization document, the Sinclair Inlet shoreline was broken into eight
segments. Segments 1 through 7 were within City limits, and Segment 8 was the UGA portion of the
shoreline.
The Sinclair Inlet shoreline is highly urbanized and physically altered, with approximately 89 percent of
the shoreline being armored. There are also State highways, City Streets, and County roads along the
entire length of the shoreline, with bridges or culverts constraining the streams that run to the Inlet.
Page 20 City of Port Orchard Shoreline Master Program | Revised February 2021
Much of the road bed areas, and most development waterward of the roads were built on fill and are
protected by various types of shoreline armoring. Native vegetation has been removed from much of
the Sinclair Inlet shoreline as well.
Despite the altered state of the Sinclair Inlet shoreline, it is home to bald eagle perches, blue herons,
and other shoreline birds. In addition, Sinclair Inlet has been designated as a nearshore refugia that
includes portions of the shoreline. The refugia provides migration, foraging and rearing habitat for
multiple salmonid species and other marine wildlife. The nearshore conditions also provide suitable
spawning habitat for surf smelt and Pacific sand lance.
3.3.2 Blackjack Creek Shoreline
Unlike the Sinclair Inlet shoreline, the majority of the Blackjack Creek shoreline is relatively intact. The
mouth of the Creek, which is also covered in Segment 7 of the Inventory and Characterization report,
has been highly altered with shoreline armoring, paving, and channelization. However, just upstream,
the Blackjack Creek corridor becomes nearly a wilderness area, with natural vegetation, wildlife
corridors, and a healthy salmon stream.
In the Inventory and Characterization, Blackjack Creek was broken up into four segments, along lines
determined in the Blackjack Creek Comprehensive Management Plan. Segment S1 is the most
urbanized and altered from its natural state.
Blackjack Creek contains important habitat for several salmonid species. Fish use in the creek includes
large numbers of early chum salmon, including an early-returning stock that the Washington State
Department of Fish and Wildlife considers to be rare. In addition, the creek supports significant
numbers of late returning chum, coho salmon, and steelhead, searun cutthroat trout, and resident
cutthroat. There has also been documented use of Blackjack Creek by fall Chinook salmon.
The topography of the Blackjack Creek ravine has been a major factor in protecting the vegetation and
resources of the Creek. It is extremely steep for the majority of the regulated area, and although it had
been logged in the past, it has remained relatively untouched for several decades.
3.3.3 Lake Shorelines
Due to the annexation of McCormick Woods, the City gained parts of two lakes that are big enough to
qualify as a shoreline of the state, and must be included in the SMP. Square and Big Lakes are both less
than 30 acres, and both share shoreline jurisdiction with Kitsap County. Neither of them are located
entirely in the City.
3.3.3.1 Square Lake
Approximately ten acres of Square Lake are located within the City of Port Orchard. The other twenty
are entirely within Kitsap County jurisdiction, and are not within the UGA. There is just one property
owner in the City within Square Lake jurisdiction, and the property is undeveloped. The area around
Square Lake had been historically logged, but mature forests are present , and lack of human activity
(there are only two houses that touch the lake, and the rest is State Park), allow for high vegetation
function.
Page 21 City of Port Orchard Shoreline Master Program | Revised February 2021
3.3.3.2 Big Lake
Big Lake (also known as Big Pond) lies in a shallow depression west of the McCormick Woods housing
development. The lake is very shallow, and is long and narrow, heading from the northeast to the
southwest, and lies within City limits for four of its 22 acres. The remaining area lies within the South
Kitsap UGA and unincorporated Kitsap County. There are two property owners within City shoreline
jurisdiction, one of them being the McCormick Woods Homeowners Association, which maintains trails
near the lake and its associated wetlands.
Big Lake is inaccessible by car or public transportation, and public access is limited to bikes and walkers
who are homeowners (or guests of homeowners) in the McCormick Woods housing development.
Page 22 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 4: SHORELINE ENVIRONMENTS
Shoreline environment designations are required by WAC 173-26-211, and are intended to serve as a
tool for applying the statewide policies to local shorelines. Environment designations are assigned to
reflect the type of development that has taken place over time, as well as development, or the lack of it,
that should take place in the future in order to preserve ecological function.
4.1 Applicability
The City of Port Orchard classification system consists of five shoreline environments that are contained
in the recommended classification system identified in WAC 173-26-211(5). The State’s Shoreline
Master Program Guidelines describe the purpose of environment designations in WAC 173-26-191(1(d)).
Shoreline management must address a wide range of physical conditions and development settings
along shoreline areas. Effective shoreline management requires that the Shoreline Master Program
prescribe different sets of environmental protection measures, allowable use provisions, and
development regulations for each shoreline segment. Assigning shoreline designations, each with
different policies and regulatory measures, provides a regulatory framework for environmental
protection and development depending on the development and resources present in specific areas.
The Port Orchard classification system consists of five shoreline environment designations consistent
with the SMA (RCW 90.58), the Shoreline Master Program Guidelines (WAC 173-26), and the City of Port
Orchard Comprehensive Plan. The five shoreline environments are:
• High-Intensity
• Shoreline Residential
• Urban Conservancy
• Natural
• Aquatic
4.2 Official Shoreline Map
The official Shoreline Environment Designation maps can be found in Appendix A. Pursuant to RCW
90.58.040, the maps illustrate the shoreline environment designations that apply to all shorelines of the
state within the City of Port Orchard’s jurisdiction. The lateral extent of the shoreline jurisdiction shall
be determined for specific cases or development proposals based on the location of the ordinary high
water mark (OHWM), floodway, and the presence of associated wetlands. In the event of a mapping
error, the City will rely upon the boundary descriptions and the criteria in the sections below.
Page 23 City of Port Orchard Shoreline Master Program | Revised February 2021
4.3 High-Intensity Environment
4.3.1 Purpose
The purpose of the "high-intensity" environment is to provide for high-intensity water-oriented
commercial, mixed-use, transportation, and industrial uses while protecting existing ecological
functions.
4.3.2 Management policies.
a) First priority should be given to water-dependent uses. Second priority should be given
to water-related and water-enjoyment uses.
b) Full utilization of existing urban areas should be achieved before further expansion of
intensive development is allowed. Reasonable long-range projections of regional economic need should
guide the amount of shoreline designated "high-intensity." However, consideration should be given to
the potential for displacement of non-water oriented uses with water oriented uses when analyzing full
utilization of urban waterfronts and before considering expansion of such areas.
Overview of Shoreline Designations from Appendix A
Page 24 City of Port Orchard Shoreline Master Program | Revised February 2021
c) Policies and regulations should assure no net loss of shoreline ecological functions as a
result of new development. Where feasible, new development shall include environmental cleanup and
restoration of the shoreline to comply with any relevant state and federal law.
d) Visual and physical public access should be required as provided for in WAC 173-26-
221(4)(d).
e) Aesthetic objectives should be implemented by means such as sign control regulations,
appropriate development siting, screening and architectural standards, and maintenance of natural
vegetative buffers.
4.3.3 Designation Criteria
A "high-intensity" environment designation will be assigned to shoreline areas within City limits, as
described by RCW 36.70A.070 if they currently support high-intensity uses related to commerce,
transportation or navigation, mixed-use or multi-family residential; or are suitable and planned for high-
intensity water-oriented uses.
4.4 Shoreline Residential Environment
4.4.1 Purpose
The purpose of the "shoreline residential" environment is to accommodate residential development and
appurtenant structures that are consistent with this chapter. A secondary purpose is to provide
appropriate public access and recreational uses.
4.4.2 Management policies
a) Standards for density or minimum frontage width, setbacks, lot coverage limitations,
buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall
be set to assure no net loss of shoreline ecological functions, taking into account the environmental
limitations and sensitivity of the shoreline area, and the level of infrastructure and services available.
b) Multifamily and multi-lot residential and recreational developments should provide
public access and joint use for community recreational facilities.
c) Access, utilities, and public services should be available and adequate to serve existing
needs and/or planned future development.
d) Commercial development should be limited to water-oriented uses, home professions,
or home occupations as described in POMC Title 20, and as allowed by the underlying zoning district.
4.4.3 Designation Criteria
A "shoreline residential" environment designation is assigned to shoreline areas inside city limits or the
South Kitsap urban growth area, if they are predominantly single-family or multifamily residential
development or are planned and platted for residential development.
4.5 Urban Conservancy Environment
4.5.1 Purpose.
The purpose of the "urban conservancy" environment is to protect and restore ecological functions of
open space, floodplain and other sensitive lands where they exist in urban and developed settings, while
allowing a variety of compatible uses. It should be applied to those areas where most benefit the public
if their existing character is maintained, but can also tolerate limited development.
Page 25 City of Port Orchard Shoreline Master Program | Revised February 2021
4.5.2 Management policies.
(a) Uses that preserve the natural character of the area or promote preservation of open space,
floodplain or sensitive lands either directly or over the long term should be the primary allowed uses.
Uses that result in restoration of ecological functions should be allowed if the use is otherwise
compatible with the purpose of the environment and the setting.
(b) Standards should be established for shoreline stabilization measures, vegetation conservation, water
quality, and shoreline modifications within the "urban conservancy" designation. These standards
should ensure that new development does not result in a net loss of shoreline ecological functions or
further degrade other shoreline values.
(c) Public access and public recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
(d) Water-oriented uses should be given priority over non-water oriented uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given highest priority.
4.5.3 Designation Criteria
An "urban conservancy" environment designation is assigned to shoreline areas appropriate and
planned for development that is compatible with maintaining or restoring of the ecological functions of
the area, that are not generally suitable for water-dependent uses, if any of the following characteristics
apply:
(a) They are suitable for water-related or water-enjoyment uses;
(b) They are open space, flood plain or other sensitive areas that should not be more intensively
developed;
(c) They have potential for ecological restoration;
(d) They retain important ecological functions, even though partially developed; or
(e) They have the potential for development that is compatible with ecological restoration.
Any shorelines that have been left undesignated shall be assigned an Urban Conservancy designation
per WAC 173-26-211(2)(e).
4.6 Natural Environment
4.6.1 Purpose
The purpose of the “natural” environment is to protect those shoreline areas that are relatively free of
human influence or that include intact or minimally degraded shoreline functions intolerant of human
influence or that include intact or minimally degraded shoreline functions intolerant of human use.
These systems require that only very low intensity uses be allowed in order to maintain the ecological
functions and ecosystem-wide processes. Consistent with the policies of the designation local
jurisdictions should include planning for restoration of degraded shorelines within this environment.
4.6.2 Management policies
Any use that would substantially degrade the ecological functions or natural character of the shoreline
should not be allowed.
The following new uses should not be allowed in the “natural” environment:
a) Commercial Uses
b) Industrial uses
c) High-intensity recreational uses
Page 26 City of Port Orchard Shoreline Master Program | Revised February 2021
d) Roads, utility corridors, and parking areas that can be located outside of “natural”-designated
shorelines.
e) Single-family residential development may be allowed as a conditional use within the “natural”
environment if the density and intensity of such use is limited as necessary to protect ecological
functions and be consistent with the purpose of the environment.
f) Commercial forestry may be allowed as a conditional use in the “natural” environment provided it
meets the conditions of the State Forest Practices Act and the City of Port Orchard Critical Areas
Ordinance and its implementing rules and is conducted in a manner consistent with the purpose of this
environment designation.
g) Agricultural uses of a very low intensity nature may be consistent with the Natural Environment
when such use is subject to appropriate limitations or conditions to assure that the use does not expand
or alter practices in a manner inconsistent with the purpose of the designation.
h) Scientific, historical, cultural, educational research uses, and low-intensity water-oriented
recreational access uses may be allowed provided that no significant ecological impact on the area will
result.
i) New development or significant vegetation removal that would reduce the capability of vegetation to
perform normal ecological functions should not be allowed. Do not allow the subdivision of property in
a configuration that, to achieve its intended purpose, will require significant vegetation removal or
shoreline modification that adversely impacts ecological functions. That is, each new parcel must be
able to support its intended development without significant ecological impacts to the shoreline
ecological functions.
4.6.3 Designation Criteria.
A “natural” environment designation is assigned to most of the Blackjack Creek shoreline, within City
limits, but outside of the downtown area. It is also assigned to Blackjack Creek within the South Kitsap
Urban Growth Area. Areas assigned the “natural” designation contain the following characteristics:
a) The shoreline is ecologically intact and therefore currently performing an important, irreplaceable
function or ecosystem-wide process that would be damaged by human activity;
b) The shoreline is considered to represent ecosystems and geologic types that are of particular
scientific and educational interest; or
c) The shoreline is unable to support new development or uses without significant adverse impacts to
ecological functions or risk to human safety.
d) Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands,
estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Shorelines
inside or outside urban growth areas may be designated as “natural.”
Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of the
natural shoreline functions, as evidenced by the shoreline configuration and the presence of native
vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline
modifications, structures, and intensive human uses.
4.7 Aquatic Environment
4.7.1 Purpose.
The purpose of the "aquatic" environment is to protect, restore, and manage the unique characteristics
and resources of the areas waterward of the ordinary high-water mark.
Page 27 City of Port Orchard Shoreline Master Program | Revised February 2021
4.7.2 Management policies.
(a) Allow new over-water structures only for water-dependent uses, public access, or ecological
restoration.
(b) The size of new over-water structures should be limited to the minimum necessary to support the
structure's intended use.
(c) In order to reduce the impacts of shoreline development and increase effective use of water
resources, multiple uses of over-water facilities should be encouraged.
(d) All developments and uses on navigable waters or their beds should be located and designed to
minimize interference with surface navigation, to consider impacts to public views, and to allow for the
safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration.
(e) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats
should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then
only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) as
necessary to assure no net loss of ecological functions.
(f) Shoreline uses and modifications should be designed and managed to prevent degradation of water
quality and alteration of natural hydrographic conditions.
4.7.3 Designation Criteria
An "aquatic" environment designation is assigned to lands waterward of the ordinary high-water mark.
Page 28 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 5: MASTER PROGRAM ELEMENTS AND GOALS
5.1 Introduction
The City of Port Orchard is required to address master program elements, as listed in RCW 98.58.100(2).
The Master goal for the shorelines is as follows:
To plan for shoreline uses that enhance, promote, and protect the balance between the sensitive
ecology of Port Orchard’s shoreline and its urban development.
5.2 Economic Development
To encourage economic development that is sensitive to the shoreline environment, is water-related or
dependent, and benefits the community. Enhance Port Orchard’s appeal as a boating destination for
commercial and pleasure vessels while supporting and encouraging maritime businesses, boatyards, and
boat repair facilities, recognizing that Port Orchard is one of few remaining places for boat repair on the
west side of Puget Sound.
5.3 Public Access
Enhance public access to City shorelines and preserve views of the shoreline and water, while
maintaining safety and respect for adjacent private property. Public access includes the ability of the
general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to
view the water and the shoreline from adjacent locations.
5.4 Recreation
Improve and maintain the publicly owned shorelines dedicated to public recreation and develop their
potential for visitors and citizens while recognizing the importance of existing park, trail and recreation
areas. Ensure that water-oriented recreational uses are permitted in the shoreline area when consistent
with the goals, policies and regulations of this SMP.
5.5 Transportation
To achieve safe, convenient, and diversified circulation systems to provide public access to the
shoreline, efficient movement of people and goods, with minimum disruption to the shoreline
environment and minimum conflict among shoreline uses and between shoreline users and abutting
upland areas, while maintaining vital shoreline rod and ferry links.
5.6 Shoreline Use
Coordinate the regulation for a variety of shoreline uses which result in long-term rather than short-
term benefits.
5.7 Conservation
Preserve, protect, and restore shoreline vegetation and wetlands, as practical, to optimize the support
of wild, botanic, and aquatic life, as it exists today, with the goal of achieving no net loss of ecological
functions.
Page 29 City of Port Orchard Shoreline Master Program | Revised February 2021
5.8 Historic, Cultural, Scientific, and Educational
Prevent the destruction or damage of any site having historic, cultural, scientific , or educational value,
as identified by the appropriate authorities, including the State Office of Archaeology and Historic
Preservation and affected tribes.
5.9 Flood Hazard Reduction
To protect public and private infrastructure and property from loss and damage created by flood events,
including increased coastal flooding caused by sea level rise.
5.10 Climate Change and Sea Level Rise
To protect coastal resources, both natural and man-made, from the deleterious effects of sea level rise
over time due to climate change, including but not limited to: increased coastal flooding, loss of
shoreline habitat, saltwater intrusion, damage to public and private improvements and infrastructure,
and mobilization of contaminated sediments.
Page 30 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 6:
GENERAL SHORELINE MASTER PROGRAM POLICIES & REGULATIONS
Development and use proposals may involve a number of uses and shoreline modifications and must
comply with the policies and regulations for each. Each project is reviewed for compliance with the
applicable “use” policies and regulations in this Chapter and with the applicable policies and regulations
in the applicable Chapters of this Master Program. For example, uses associated with a new marina may
include boat launches, industrial and port facilities, parking facilities, and recreational facilities.
Construction of a marina may involve numerous shoreline modifications, including dredging, dredge
spoil disposal, a jetty or breakwater, and perhaps landfill. All shoreline developments and uses must
comply with the policies and standards of this Master Program whether or not a shoreline substantial
development permit is required
The general policies are to be generally applied to all shoreline areas, without regard to environment
designation. The provisions are established in WAC 173-26-221. The policies incorporate much of the
existing Shoreline Master Program content, as well as significant incorporation of the “principles”
sections that are listed in the WAC.
Specific conditions that ensure such compliance may be attached as a condition of permit approval.
Shoreline uses specifically listed are permitted outright or eligible for consideration as a shoreline variance
or shoreline conditional use permit. However, if the use is permitted, deviations from the minimum
performance standards may be approved under a shoreline variance unless specifically stated otherwise.
The performance standards contained herein augment standards established through other land
development regulations. Where conflict arises between these and other applicable controls, the
regulations that provide more protection to the shoreline area shall apply. All provisions of this Shoreline
Master Program are enforceable provided no reasonable alternative exist, or when the alternative would
result in unreasonable and disproportionate cost to the landowner. If redevelopment or expansion of a
nonconforming structure or use is proposed, or if redevelopment or expansion is proposed to take place
within a shoreline buffer, the redevelopment or expansion must comply with the underlying zoning of the
property as well as Appendix C of this Master Program.
6.1 Applicability
The provisions in this chapter shall be applied either generally to all shoreline areas or to shoreline areas
that meet the specified criteria of the provision without regard to environment designation. These
provisions address certain elements as required by RCW 90.58.100(2) and implement the principles as
established in WAC 173-26-186.
6.2 Archaeological and Historical Resources
The following provisions apply to archaeological and historic resources that are either recorded at the
State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered.
Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW 27.44.055 and
RCW 27.56 and development or uses that may impact such sites shall comply with WAC 25-48.
Page 31 City of Port Orchard Shoreline Master Program | Revised February 2021
Management Policies
SMP-GP-1 Prevent the destruction or damage of any site having historic, cultural, scientific, or
educational value, as identified by the appropriate authorities, including the state office of
Archaeology and Historic Preservation and the Suquamish Tribe.
Development Regulations
G-DR 1 Developers and property owners must immediately stop excavation work in the
immediate vicinity and notify the local government, the Office of Archaeology and Historic
Preservation and affected Indian tribes if archaeological resources are uncovered during
excavation.
G-DR 2 Permits issued in areas with a high probability for unrecorded archaeological resources
or that are documented to contain archaeological resources may require a site inspection or
evaluation by a professional archaeologist in consultation with the Washington State
Department of Archaeology and Historic Preservation and the Suquamish Tribe.
6.3 Critical Areas
The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely
developed. Within shoreline jurisdiction there are many other types of critical areas that have been
identified to be protected. All critical areas, including marine shorelines, have been provided regulatory
protection with the adoption of Port Orchard Municipal Code Title 20, and the 2017 update of the Port
Orchard Critical Areas Ordinance. With the implementation of the critical areas policies listed below,
the Port Orchard Shoreline Master Program provides for management of critical areas, can be
implemented, and is consistent with RCW 90.58.090(4) and WAC 173-26-221.
a. Wetlands
Management Policies
SMP-GP-2 Exhibit, at a minimum, no net loss of wetland area and function for wetlands
associated with the shoreline and with Blackjack Creek and the Ross Creek estuary.
SMP-GP-3 Grading, filling, draining, flooding, or dredging within regulated wetland areas,
including those associated with Blackjack Creek and the Ross Creek estuary, should be
prohibited.
Development Regulations
G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction
shall follow all regulations regarding the rating, categorization, delineation and protection of
wetlands, and the establishment and maintenance of wetland buffers, as set forth in POMC Title
20, Chapter 20.162 (Critical Areas Regulations)..
Page 32 City of Port Orchard Shoreline Master Program | Revised February 2021
b. Geologically Hazardous Areas
Management Policies
SMP-GP-4 New development or the creation of new lots that would cause reasonably
foreseeable risk to people or improvements over the life of the development should be
prohibited.
SMP-GP-5 Development that would require structural shoreline stabilization over the life of the
development should be prohibited in accordance with WAC 173-26-221 (2(c)).
SMP-GP-6 Structural shoreline stabilization measures will be allowed to protect existing primary
residential structures and properties in conformance with WAC 173-26-221(ii).
Development Regulations
G-DR 4 All development proposals on land containing geologically hazardous areas within
shoreline jurisdiction shall follow all regulations set forth in Port Orchard Municipal Code Title
20.
c. Critical Saltwater Habitats
Critical saltwater habitats provide important ecological functions, and therefore require a higher level of
protection. While Sinclair Inlet does not have known kelp or eelgrass beds, it does have spawning and
holding areas for forage fish such as smelt and sandlance, as well as migratory routes for salmon.
Management Policies
SMP-GP-7 Development within areas identified as critical saltwater habitats for anadromous
fish habitat, or eagle use and buffer, shall comply with all state and federal regulations for
protection of listed species and their habitats.
SMP-GP-8 Repair and reconstruction of existing legal structures or facilities within critical
saltwater habitats may be permitted, provided that identified adverse impacts shall be
mitigated to encourage no net loss of ecological function.
SMP-GP-9 When development is proposed on a property that includes tidelands or submerged
lands designated as critical saltwater habitat, provisions should be included in the development
application that address protection, enhancement and potential restoration of habitat areas.
Development Regulations
G-DR 5 Structures, developments, and uses, including marinas, docks, piers, mooring areas,
underwater parks, utilities, and shoreline modifications, may not intrude into or be built over
critical saltwater habitat unless the applicant can demonstrate that the following criteria can be
met:
a. An alternative alignment or location is not feasible.
Page 33 City of Port Orchard Shoreline Master Program | Revised February 2021
b. The project is designed to minimize its impacts on critical saltwater habitats and the
shoreline environment.
c. Impacts to critical saltwater habitat functions can be mitigated to result in equal or
better ecological function.
d. The facility is a public facility and is in the public interest.
G-DR 6 In areas not previously identified as critical saltwater habitat, the project proponent
shall submit appropriate studies to determine whether critical saltwater habitats exist,
whenever the following two conditions are applicable:
a. The proposed development, use or activity has the potential to cause significant
adverse impacts to a critical saltwater habitat; and
b. The beach or saltwater area that may be directly impacted by the proposed
development, use or activity is the type of environment in which a critical saltwater
habitat has been demonstrated to occur.
G-DR 7 Except as a habitat improvement or restoration measure, aquatic herbicide treatments,
mechanical removal of vegetation and aquatic pesticide treatments may not be used on critical
saltwater habitats. Use of aquatic herbicide treatments are to be discouraged.
G-DR 8 Sand, gravel, or other materials may neither be added nor removed from critical
saltwater habitats, except when part of an approved restoration project or as allowed in G-DR 5
above.
G-DR 9 New outfalls (including stormwater and treated sewer outfalls) and discharge pipes are
discouraged from being located in critical saltwater habitats or areas where outfall or discharge
will adversely affect critical saltwater habitats unless the applicant can show that the majority of
the following can be met:
a. There is no feasible alternative location for the outfall or pipe.
b. The outfall or pipe is placed below the surface of the beach or bed of the water body.
c. The outfall discharges waterward of the subtidal zone.
d. The disturbed area will be revegetated with native plants.
e. The discharge point(s) on the outfall or discharge pipes is located so that the
discharges, including nutrients in the discharge and currents, do not adversely affect
critical saltwater habitats.
d. Critical Freshwater Habitats
Critical freshwater habitat within Port Orchard City limits is limited to the Blackjack Creek corridor and
the estuarine portion of Ross Creek. Ecological functions of streams depend upon continuity and
connectivity along the shoreline and the conditions of the surrounding lands on either side of the
channel. Improper stormwater, sewer, or industrial outfalls and unmanaged clearing and grading can
degrade ecological functions downstream thereby altering hydrographic conditions, raising water
temperatures resulting in the corridor being inhospitable to priority species and posing flood risks to
human health, safety and property.
Page 34 City of Port Orchard Shoreline Master Program | Revised February 2021
Management Policies
SMP-GP-10 The City shall take special care when reviewing and inspecting development
projects that discharge stormwater toward Blackjack Creek and the Ross Creek estuary.
SMP-GP-11 Where appropriate, the City should integrate protection of critical freshwater
habitat with flood hazard reduction and other stream management provisions.
SMP-GP-12 The City should encourage, assist, and facilitate appropriate restoration projects, as
appropriate.
SMP-GP-13 Realignment or rechannelization, clearing of adjacent native vegetation or large
woody debris, and water withdrawals and diversion from the Blackjack Creek shoreline should
be prohibited except for purposes of habitat restoration and enhancement, recreation and
public access.
Development Regulations
G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross
Creek estuary shoreline jurisdiction shall be subject to the provisions of the POMC Title 20
regulations for Fish and Wildlife Habitat Conservation Areas.
6.4 Flood Hazard Reduction
Flood hazard reduction may consist of both structural and nonstructural measures. Flood hazard
reduction nonstructural measures may include such measures as setbacks, land use controls, wetland
restoration, relocation of a use, and stormwater management programs. Further, flood hazard
reduction may take the form of structural measures, such as dikes, levee, revetments, flood walls,
channel realignment, and elevation of structures.
Management Policies
SMP-GP-14 Discourage future non-water dependent development, including redevelopment
and expansion of existing non-water dependent development in areas lying at or below the 100
year flood elevation, unless flood hazard is reduced by removing, moving, elevating, and/or
building structures at new, higher elevations. Flood hazard reduction may also include adding
freeboard to existing shoreline armor in areas that are frequently flooded (i.e. within a 100-year
flood hazard area) landward of existing shoreline armor, in compliance with FEMA requirements
for coastal flood protection structures.
SMP-GP-15 Discourage alterations to stream systems’ natural hydrological and
geomorphological processes.
SMP-GP-16 When feasible, give preference to nonstructural flood hazard reduction measures
over structural measures, except that in areas that are frequently flooded (i.e. within a 100-year
flood hazard area) landward of existing shoreline armor, hazard reduction measures may
include adding freeboard to existing shoreline armor.
SMP-GP-17 Ensure to the greatest extent feasible that flood hazard protection measures do not
result in a net loss of ecological functions.
Page 35 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-GP-18 The creation of new lots or tracts that would be located entirely within a 100-year
flood hazard area should not be allowed, unless the intent of the subdivision is for the lot or
tract to remain undeveloped for the purposes of ecological restoration and/or development
setback, consistent with the City’s flood damage prevention and subdivision regulations (POMC
Title 20).
SMP-GP-19 Public utility and transportation structures are allowed, provided no reasonable
alternative exists, in areas where such structures currently exist, or where the alternative would
result in unreasonable and disproportionate costs.
SMP-GP-20 The City shall create and maintain for public reference and planning purposes a
coastal flood risk map which shows the City’s base 100 year coastal flood elevation areas at the
time of map creation, and includes a future projection of any additional areas which have at
least a 50% probability of being flooded within 20 years. This map shall be based on best
available science provided by the State of Washington and shall be updated, at minimum, with
each required periodic and comprehensive update of the City’s shoreline master program.
SMP-GP-21 For each required periodic and comprehensive update to the City’s shoreline
master program, the City shall evaluate the program’s coastal flood hazard reduction policies
and development regulations, and coastal flood risk map, and shall revise them according to
best available science provided by the State of Washington.
SMP-GP-22 The City should map all shoreline locations in which there are known contaminated
sediments, and develop a long-term plan to evaluate and address those in need of attention due
to risk of mobilization due to coastal flooding.
Development Regulations
G-DR 11 Proposals for new structural flood hazard reduction measures shall be required to
provide scientific and engineering documentation that such measures will protect existing
structures, that they are consistent with the City’s flood damage prevention regulations (POMC
Title 20), that nonstructural measures are not reasonable, and that impacts on ecological
functions are mitigated to encourage no net loss.
G-DR 12 New or expanded development or uses in the shoreline zone, including the subdivision
of land, that would require structural flood control works within a 100 year flood hazard area, a
stream, a channel migration zone and/or a floodway are prohibited.
G-DR 13 As part of the City’s shoreline permit application review process, all proposed
development and redevelopment activities in the City’s shoreline requiring a permit shall
determine and disclose whether any sediment material on the development site, including fill, is
contaminated and requires remediation to prevent spread of contamination through
mobilization due to coastal flooding events. This requirement applies whether or not the
contaminated area on the site will be disturbed as part of the development process. If
contaminated sediment at risk of mobilization is determined to be present, the City shall require
a remediation plan as a condition of shoreline permit approval. The City may require
independent review at the applicant’s expense of findings and recommendations regarding
Page 36 City of Port Orchard Shoreline Master Program | Revised February 2021
contamination and remediation, by a hydrologist, geologist, engineer or other qualified
professional.
6.5 Public Access
Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to
travel on waters of the state, and to view the water and the shoreline from adjacent locations. Water
views are currently easily accessible to the public from waterfront roadways, including SR 166, Bay
Street, and Beach Drive, which are located very close to the shoreline for the entire length of the City
and the Port Orchard Urban Growth Area.
Management Policies
SMP-GP-23 Promote and enhance the public interest with regard to rights to access waters held
in public trust by the state while protecting private property rights and public safety.
SMP-GP-24 Protect the rights of navigation and commerce, and the space necessary for water-
dependent uses.
SMP-GP-25 Protect the public’s opportunities to enjoy the physical and aesthetic qualities of
the shorelines, including views of the water, to the greatest extent feasible.
SMP-GP-26 Regulate the design, construction, and operation of permitted uses in the
shorelines of the state to minimize, insofar as practical, interference with the public’s use of the
water.
SMP-GP-27 Continue to acquire easements and/or require construction of future segments of
the Mosquito Fleet Trail.
SMP-GP-28 The City shall retain and protect existing shoreline parks, trails, and other
opportunities for the public to access and enjoy the Sinclair Inlet shoreline and to view the
shoreline and water views from public property and roadways.
SMP-GP-29 In compliance with WAC 173-26-221(4), or as subsequently amended, require the
dedication and improvement of public access in developments for water-enjoyment, water-
related, and water-dependent uses and for the subdivision of land into more than four parcels
when either partially or completely within shoreline jurisdiction.
SMP-GP-30 New shoreline development or major redevelopment by public entities, including
local governments, port districts, state agencies and public utility districts, shall include public
access as part of each development project, unless such access is demonstrated to be
incompatible due to reasons of safety, security or environmental impacts.
SMP-GP-31 Pursue funding and acquisition of property and easements for trails serving the
shoreline, including the Mosquito Fleet Trail and the Blackjack Creek Wilderness Trail.
SMP-GP-32 The City shall not vacate any public right-of-way that abuts or connects to
shorelines, unless the use of such right-of-way for shoreline access is determined to present a
public health or safety risk that would prevent such use for access.
Page 37 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-GP-33 Public access and use improvements are encouraged to result in no net loss of
ecological function.
SMP-GP-34 The City should encourage conversion into water-enjoyment, public access, or
recreational uses of the Department of Natural Resource owned portion of the waterfront
parking area within the downtown.
Development Regulations
G-DR 14 All waterfront development proposals within the High Intensity environment
shall provide public physical access to the City’s waterfront pedestrian boardwalk and/or
other public waterfront amenities where feasible, except in cases of public safety, security
or impacts to the shoreline environment. If such access is provided, no additional public
shoreline physical access will be required. If such access is not feasible, alternative public
physical or view access to the shoreline, such as open space or a viewing deck or platform,
shall be provided. All new non-water-oriented commercial or industrial uses shall provide
public access or ecological restoration, where feasible, to ensure that the proposed use
provides a significant public benefit with respect to the Shoreline Management Act
objectives.
G-DR 15 Alternatives to on-site, physical access to the shoreline may be approved if the
applicant can demonstrate to the satisfaction of the City that shoreline access is infeasible.
Alternatives may include, but are not limited to:
a. Publicly accessible rooftop decks.
b. Off-site public access, such as improvement to a nearby street end, an offsite
viewpoint, or a trail system, purchase of land or an easement at a location appropriate
for future access improvements.
c. A payment in lieu agreement with the City in accordance with RCW 82.02.020.
G-DR 16 When required, public access sites shall be fully developed and available for public use
at the time of occupancy or use of the development or activity, except where the City
determines an appropriate mechanism such as development agreement for delayed public
access implementation is necessary for practical reasons.
G-DR 17 Where deemed necessary to protect ecological functions and ensure no net loss, the
easement may encourage a buffer of native vegetation between the OHWM and the public
access walkway.
G-DR 18 Public access easements and permit conditions shall be recorded in an appropriate
manner with the Kitsap County Auditor’s Office.
G-DR 19 If Public access hours are to be limited for access easements, they must be approved
by the City Council and are required to include signage installed by the applicant and posted on
the site.
Page 38 City of Port Orchard Shoreline Master Program | Revised February 2021
G-DR 20 Public access sites are encouraged to be connected directly to the nearest public area
(e.g. street, public park, or adjoining public access easement). Where connections are not
currently possible, the site shall be designed to accommodate logical future connections.
G-DR 21 Public access sites shall be made barrier free for the physically disabled, where
feasible, and designed consistent with the Americans with Disabilities Act.
G-DR-22 Public access landscape design, when required shall use predominantly native
vegetation (60 percent or greater), particularly saline tolerant plant species. Landscape buffers
may be incorporated where desirable to provide public/private space separation.
G-DR 23 Natural elements such as logs, rocks, shrubs, trees, and elevation separations are
encouraged as a means to define the separation between public and private space.
G-DR 24 New multi-family residential development bordering public space designed for
shoreline access shall be clearly delineated from adjacent public pathways to provide a visual
privacy separation between uses. A grade separation may be a means of delineation and would
not be required on the upland side of a development.
G-DR 25 The City may require the installation of benches, bicycle racks, pet waste, garbage and
recycling receptacles, educational signage, and other street furniture at shoreline public access
points commensurate with the degree of project impact. Where required,
a. Benches shall be set back from a walkway or path so that the path is not encumbered
when the benches are in use. Benches shall be at least 4 feet in length.
b. Provisions for maintenance will be encouraged to be required as a condition of
permit approval.
6.6 Shoreline Vegetation Conservation
The City of Port Orchard’s Sinclair Inlet shoreline has been historically heavily developed. A result of the
historical maritime, transportation, and industrial use of the Sinclair Inlet waterfront has resulted in very
little native vegetation existing or being preserved. The Blackjack Creek shoreline, however, has
remained in a mostly natural state. Shoreline vegetation has been determined to provide shade
necessary to maintain cool temperatures required by salmonids, provides food for fish in the form of
insects, stabilizes banks, minimizes erosion, and reduces the occurrence of landslides. Vegetation also
provides critical wildlife habitat, including migration corridors and feeding, watering, rearing, and refugia
areas.
Management Policies
SMP-GP-35 The City shall develop and apply standards and regulations that require shoreline
development and uses to meet the no net loss standard for maintenance of shoreline ecological
function.
Page 39 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-GP-36 Native vegetation should be preserved to the greatest extent feasible while
providing for the removal of noxious weeds and vegetation that poses a risk to property, or
safety or ecological function.
SMP-GP-37 Introduction of invasive non-native plants and noxious weeks shall be discouraged.
Development Regulations
G-DR 26 Existing native shoreline vegetation in an Aquatic Environment or within a shoreline
buffer, should be preserved and protected, with limited exceptions for water dependent, water
enjoyment, public recreation and public access uses, maintenance of public views, and
“reasonable use” on undeveloped parcels located entirely or primarily within the shoreline
buffer.
G-DR 27 Land within shoreline and critical buffer areas extending from marine ordinary high
water mark, shall be considered vegetation conservation areas. Native shoreline vegetation
that has not been otherwise disturbed by legal means shall be preserved to the maximum
extent feasible within the vegetation conservation area consistent with safe construction
practices, and other provisions of this chapter. Native trees and shrubs shall be preserved, the
maximum extent feasible, to maintain and provide shoreline ecological functions such as
habitat, shade, and slope stabilization.
G-DR 28 In all cases where clearing is followed by revegetation, native plants shall be preferred.
Lawns are discouraged due to their limited erosion control value, limited water retention
capacity and associated chemical and fertilizer applications. Non-native plants are to be
discouraged.
G-DR 29 The following minimum standards for shoreline and critical area vegetation
conservation shall apply:
a. No more than 15 percent of the area with native shoreline vegetation shall be cleared
within the vegetation conservation area, without mitigation.
b. All native trees in the vegetation conservation area over 18 inches in diameter at breast
height shall be retained. Trees determined by the City to be hazardous or diseased may
be removed. Replacement of non-native vegetation with native species shall be done in
a manner that will not leave soil bare or vulnerable to erosion.
c. The Shoreline Administrator may allow removal of vegetation exceeding that described
above where an applicant agrees to replacement plantings and a mitigation plan.
G-DR 30 All clearing and grading activities shall be limited to the minimum necessary for the
permitted development.
G-DR 31 Exposed soils shall be immediately developed or revegetated to prevent erosion.
G-DR 32 Revegetation must be planted such that complete coverage of exposed soils is attained
within one growing season.
G-DR 33 Clearing and grading within required shoreline setbacks shall only be permitted upon
approval of a detailed landscape plan for revegetation. (The Shoreline Administrator may waive this
Page 40 City of Port Orchard Shoreline Master Program | Revised February 2021
requirement when potential impacts to shoreline resources are insignificant). The landscape plan shall
include:
a. A map illustrating the distribution of existing plant communities in the area proposed
for landscaping. The map must be accompanied by a description of the vegetative condition of
the site, including plant species, plant density, any natural or man-made disturbances,
overhanging vegetation, and the functions served by the existing plan community (e.g., fish and
wildlife habitat values, slope stabilization).
b. If applicable, a description of the intertidal shade conditions created by existing
vegetation. This description shall include an inventory of overhanging vegetation as well as a
determination of how much shade is created in the intertidal zone by standing trees, during
midday at midsummer.
c. A detailed landscape map indicating which areas will be preserved and which will be
cleared, including tree removal.
d. Drawings illustrating the proposed landscape scheme, including the type, distribution,
and density of plants. Any pathways or nonvegetated portions should be noted.
e. A description of any vegetation introduced for the purposes of fish and wildlife habitat.
Significant loss of wildlife habitat shall be mitigated in accordance with Chapter 6 of this master
program. If on-site mitigation is not possible, off-site mitigation shall be permitted at a
minimum replacement ratio of one-to-one (1:1 habitat lost to habitat replaced).
The revegetation landscaping required by this regulation shall meet the following standards:
f. At the time of planting, shrubs must be at least eighteen (18) inches high. Shrubs should
be planted such that within two years the shrubs will cover at least sixty percent (60%) of the
area that would be covered when the shrubs have attained a mature size. At the time of
planting, deciduous trees must be at least two (2) inches in caliper as measured one (1) foot
above grade, and coniferous trees must be at least five (5) feet in height.
g. The applicant may be required to install and implement an irrigation system to ensure
survival of vegetation planted. For remote areas lacking access to a water system, an alternative
method (e.g., hand watering) may be approved.
h. For a period of two (2) years after initial planting, the applicant shall replace any
unhealthy or dead vegetation planted as part of an approved landscape plan. For a minimum of
five (5) years after initial planting, the applicant shall mechanically remove any invasive
vegetation. The use of herbicides will not be allowed in the control of invasive vegetation.
G-DR 34 Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible,
utilize soil bioengineering techniques.
G-DR 35 All shoreline development and activity shall use effect measures to minimize increases
in surface water runoff that may result from clearing and grading activity. The applicant must
implement best management practices (BMPs) for clearing, grading and erosion control under the City’s
engineering design standards, and must obtain a site development permit from the City’s Public Works
Department.
G-DR 36 The City may require a performance bond as a condition of permit approval, to ensure
compliance with this Program.
Page 41 City of Port Orchard Shoreline Master Program | Revised February 2021
G-DR 37 The City shall require, where feasible, restoration of native shoreline and aquatic
vegetation in mitigation and restoration plans and in stormwater management for redevelopment
activities within the shoreline area.
G-DR 38 Redevelopment activities in the High Intensity (HI) shoreline environment designation
shall comply with the shoreline vegetation conservation and restoration requirements of Appendix E of
this plan, in addition to any other applicable City requirements and regulations.
6.7 Climate Change and Sea Level Rise
Management Policies
SMP-GP-38 The City should create specific development and building design standards for the
downtown shoreline that address issues related to coastal hazards and impacts from future sea level rise,
including but not limited to: coastal flooding, earthquake liquefaction and tsunami risk, saltwater
intrusion, mobilization of contaminated sediments, and impacts to geologic hazard areas.
Development Regulations
G-DR-39 During each periodic review of the City’s shoreline master program, the City will evaluate its
development and building design standards and revise them as needed for the downtown shoreline to
protect against risks from sea level rise and coastal hazards including but not limited to: coastal flooding,
earthquake liquefaction and tsunami risk, saltwater intrusion, mobilization of contaminated sediments,
and impacts to geologic hazard areas.
Page 42 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 7:
SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS
The shoreline uses that are addressed below are outlined and required in WAC 173-26-241. The
provisions apply to specific common uses and types of development that may occur within the
shoreline jurisdiction. This section also includes a matrix outlining which uses are allowed in particular
shoreline environments.
7.1 Shoreline Uses
The provisions in this Appendix A for shoreline use and development shall be applied either generally to
all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard
to environment designation. These provisions address certain principles as established in WAC 173-26-
241. (x = not permitted, p = permitted, a = administrative review, c = conditional use permit, n/a = not
applicable)
SHORELINE USE CATEGORIES NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Agriculture x p a p n/a
Aquaculture n/a n/a n/a n/a c
Boating Facilities – public or marinas x c p c p
Boat launches x c p p c
Commercial – water-dependent1 x c p c c
Commercial – water-related1 x c p c c
Commercial – water-enjoyment1 x c p c x
Commercial – non-water oriented x x p x x
Float Plane Facilities x x c c c
Flood Control Management x c c p c
Forest Practices x c p p n/a
Industrial – water-dependent x c p p c
Industrial – water-related x x p x x
Industrial – non-water oriented x x x x x
Mining x x x x x
Mixed-use (multi-family residential use,
along with commercial, public use and/or
recreational uses. May include parking to
serve residents, customers and tenants of
the onsite mixed-use structure(s).
Refer to rows below.
Page 43 City of Port Orchard Shoreline Master Program | Revised February 2021
Mixed use: Non-residential uses(s) are non-
water-oriented uses:
x x p x x
Mixed use: Non-residential uses(s) include
one or more water-dependent, water-
related or water-enjoyment uses:
x x p c x
Parking (Accessory to a principal use) c c p p x
Parking (Principal use, or commercial paid,
or parking to serve offsite uses.) x x p c x
Public use (civic use, government-owned
non-transportation facility, or similar use.) x x p c x
Recreation – water-dependent p p p p c
Recreation – water-related p p p p c
Recreation – non-water oriented c c p p c
Residential – single-family residence p p x2 p x
Residential – other than a single-family
residence x c p a x
Transportation facilities – water-dependent c c p c c
Transportation facilities – water-related c c p c c
Transportation facilities – non-water related c c c c c
Transportation facilities – trails/boardwalks p p p p c
Utilities – above ground distribution poles a p p p c
Utilities – underground a p p p c
Utilities – cellular towers c c c c c
(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)
1Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed-
use development (i.e. a combination of residential and commercial uses in the same building), and only when
consistent with the underlying zoning.
2Although new single-family residential uses in the HI environment are not permitted, single-family residential uses
that were legally established (permitted) prior to the effective date of this SMP shall be considered legal
conforming uses for the purposes of this SMP. See footnote 5 in Table 7.2, Shoreline Development Standards
Matrix, for additional information.
7.2 Shoreline Development Standards Matrix
DEVELOPMENT STANDARDS
SETBACKS (BUFFER) AND HEIGHT
REQUIREMENTS NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Agriculture1
Cultivation / Grazing setback x 100 x 100 x
Building Setback x 100 50 50 x
Page 44 City of Port Orchard Shoreline Master Program | Revised February 2021
Height limits (See underlying zoning Code or
overlay districts – POMC Title 20)
Aquaculture
Water-dependent setback x 0 0 0 0
Water-related setback2 x 50 25 35 x
Height limits:
Upland (See underlying zoning Code or
overlay districts – POMC Title 20)
Over-water x x x x 15
Boating Facilities & Boat Launches
Water-dependent setback 0 0 0 0 0
Building setback2 x 50 25 25 n/a
Height limits:3
Upland (See underlying zoning Code or
overlay districts – POMC Title 20)
Overwater structures x x x x 30
Commercial Development5
Water-dependent setback x 0 0 x 0
Water-related setback2 x 100 25 x 0
Non-water oriented setback2 x x 75 x x
Building height limit (See POMC Title 20)
Forest Practices
Setback x 100 n/a 75 n/a
Industrial Development
Building Setbacks:
Water-dependent x x 0 x 0
Water-related2 x x 50 x x
Non-water oriented2 x x 100 x x
Height Limits (See POMC Title 20)
Parking
Accessory use 150 100 10 10 x
Principal use x x 25 x x
Recreational Development
Water-dependent n/a 0 0 0 0
Water-related/oriented 10 10 0 0 x
Non-water oriented (unless specified
below)2 100 75 25 25 x
Access Roads, restrooms, & accessory
buildings x 100 25 25 x
Golf Courses or sports fields x 200 100 100 x
Trails, boardwalks, or overlooks 0 0 0 0 0
Residential Development4
Building setback - single-family residence 150 100 X6 25 x
Building setback - Accessory use(s) to a
single-family residence (patios, decks, etc.) 100 50 x 15 x
Page 45 City of Port Orchard Shoreline Master Program | Revised February 2021
Building setback – other than a single family
residence. 2 x x 406 50 x
Building setback – accessory uses to
residences other than a single-family
residence.2 x x 20 25 x
Transportation
Arterials, Highways, Railroads x 200 50 50 x
Multi-use trails, paths x 0 0 0 0
Secondary/Access Roads x 100 50 50 x
Utilities
Buildings, transmission line, tower setbacks 200 100 50 75 0
Distribution pole height limit 36 36 36 36 x
Cellular tower height limit x 100 100 x x
(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)
1 See Policy Regulation SU-DR-7.
2Within the High Intensity environment, lawfully constructed non-water-oriented structures and uses that are
nonconforming to this SMP because of their location within a shoreline buffer may be redeveloped in accordance
with this SMP. Refer to Appendix C for more information.
3 Height limits are subject to zoning and overlay district regulations found in POMC Title 20.
4 If a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks
shall apply.
5 Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed-
use development (i.e. a combination of residential and commercial uses in the same building), and only when
consistent with the underlying zoning.
6With the exception of any residential structure or residential appurtenant structure built over or partially over an
aquatic environment, pursuant to RCW 90.58.620 a legally-established (permitted) residential structure and
appurtenant residential structure(s) used for a conforming use in the HI environment shall be considered a
conforming structure, even if it does not meet this SMP’s current standards for setbacks, buffers, yards, area, bulk,
height or density. However, such a structure may be added to or enlarged only if such addition or enlargement
conforms to the regulations of the zoning district and the shoreline environment designation, provided that the
addition or enlargement is consistent with the standards of Appendix C.
7.3 Agriculture
Although agricultural activity is limited within the City of Port Orchard, SMP guidelines require
development of policies and regulations for agricultural use.
Management Policies
SMP-SU-1 For purposes of this section, the terms agricultural activities, agricultural products,
equipment and facilities and agricultural land shall be defined as provided in WAC 173-26-020.
SMP-SU-2 Agricultural activities should not have a negative impact on water quality or destruction
of vegetation.
Page 46 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-SU-3 Agricultural uses and development in support of agricultural uses should be conducted in
such a manner as to assure no net loss of shoreline ecological functions and processes and avoid
substantial adverse impacts on other shoreline resources and values.
Development Regulations
SU-DR-1 Agriculture uses may only be permitted in the Shoreline Residential, and Urban
Conservancy environments, and shall be limited to those agricultural uses permitted in the
underlying zoning regulations.
SU-DR-2 Shoreline waters shall not be used for livestock watering, and shall be fenced or otherwise
blocked to prohibit livestock access.
SU-DR-3 A buffer of native vegetation may be established and maintained between areas used for
cultivation or grazing and adjacent water bodies and wetlands. The buffer should not be less than
20 feet wide, and shall be sufficiently enhanced to retard runoff, reduce sedimentation, and provide
riparian habitat. Buffers shall include fencing to prevent encroachment.
SU-DR-4 Application of commercial pesticides within 100 feet of a shoreline is prohibited.
SU-DR-5 Pesticides shall be used, handled, and disposed of in accordance with provisions of the
Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide Act
(RCW 15.57) to prevent contamination and sanitation problems.
SU-DR-6 Livestock waste shall be disposed in a manner that will prevent surface or groundwater
contamination.
SU-DR-7 Agricultural activities and uses are not permitted within the marine (saltwater) shoreline
jurisdiction of Sinclair Inlet and the estuarine shoreline jurisdiction of Blackjack Creek.
7.4 Aquaculture
Sinclair Inlet has historically been limited regarding the harvest of shellfish and/or aquaculture, due to
heavy historical industrial and military use and the resulting water quality concerns. There are
significant industrialized harbors and military areas, and significant requirements for clear navigation of
naval vessels, which may preclude the use of large-scale aquacultural facilities within Sinclair Inlet.
Regarding any proposed aquaculture facilities, WAC 173-26-241(3)(b) outlines the development of goals
and policies within the SMP document.
Management Policies
SMP-SU-4 Aquaculture in areas where it is demonstrated to result in a net loss of ecological
functions, proven to adversely impacts eelgrass and macroalgae, or significantly conflicts with
navigation and other water-dependent uses, should be prohibited.
Page 47 City of Port Orchard Shoreline Master Program | Revised February 2021
Development Regulations
SU-DR-8 Shellfish seeding/culturing when conducted for native population recovery in accordance
to government approved requirements, may be permitted.
7.5 Boating Facilities
Boating facilities include both public and private marinas, boat ramps, haulout, launching and
infrastructure required to support watercraft, and are vitally important to maintaining public access to
the water. Public boating facilities and public boating provisions within private facilities are supported
throughout the shoreline.
Management Policies
SMP-SU-5 Boating facilities should be located only at sites with suitable environmental conditions,
shoreline configuration, access, and neighboring uses.
SMP-SU-6 Significantly negative aesthetic impacts of new or redeveloped boating facilities should
be avoided or mitigated.
SMP-SU-7 The development of boating facilities, and associated and accessory uses, should not
result in a net loss of shoreline ecological functions or other significant adverse impacts.
SMP-SU-8 New boating facilities should limit the amount of shoreline modifications to as little as
possible to accommodate the permitted uses.
Development Regulations
SU-DR-9 Boat launches for Port, commercial, or public recreational uses are supported in the high-
intensity environment and are conditional in the urban conservancy and shoreline residential
environments.
SU-DR-10 New boat launches requiring significant shoreline modifications shall be allowed only as
conditional uses due to their potentially significant impacts to the shoreline environment.
SU-DR-11 Hand launch sites where improvements are limited to installation of signage and
improvements valued at a monetary amount that does not exceed the amount currently established
and effective per WAC 173-27-040(2)(a) or its successor shall be exempt from a Shoreline Substantial
Development Permit.
SU-DR-12 Reconstruction of an existing launch is permitted and supported.
SU-DR-13 Boat launches and ancillary facilities shall be located, designed, constructed and operated
as to:
a. Minimize adverse affects to fish, shellfish, wildlife, water quality and existing geohydraulic
shoreline and stream processes.
b. Provide adequate on-shore facilities for waste-disposal, parking, and restrooms.
c. Be compatible with adjacent uses.
Page 48 City of Port Orchard Shoreline Master Program | Revised February 2021
d. Should endeavor to avoid negative aesthetic impacts.
SU-DR-14 Associated docks and floats shall conform to the applicable policies and performance
standards of this Master Program.
SU-DR-15 Associated parking and loading areas shall:
a. Provide adequate off-road parking and loading areas
b. Facilitate orderly launching and retrieval of boats, as well as the movement of vehicles and
trailers in the launching area
c. Be located away from the immediate water’s edge and beaches as much as practicable.
d. Be designed in a manner that surface runoff does not pollute adjacent waters or cause soil or
beach erosion.
7.6 Commercial Development
Management Policies
SMP-SU-9 Commercial Use provisions of the Shoreline Master Program are intended to be
consistent with Comprehensive Plan, zoning, overlay districts, and other development regulations
within the City.
SMP-SU-10 Preference shall be given to water-dependent commercial uses over nonwater-
dependent uses.
SMP-SU-11 Commercial properties should ensure visual compatibility with adjacent non-
commercial properties.
SMP-SU-12 Commercial uses located in the shoreline should provide public access in accordance
with constitutional or other legal limitations unless such improvements are demonstrated to be
infeasible or present hazards to life and property.
SMP-SU-13 Restoration of impaired shoreline ecological functions and processes should be
encouraged as part of commercial development.
SMP-SU-14 Commercial development will not result in a net loss of shoreline ecological functions or
have significant adverse impact to other shoreline uses, resources and values, to include navigation,
recreation and public access.
Development Regulations
SU-DR-16 Projects located within the Downtown Overlay District must be consistent with
regulations in POMC Title 20.
SU-DR-17 Over-water construction of commercial uses is prohibited except as follows:
a. The development of docks, boat launch ramps, boardwalks, marine repair facilities, or other
shoreline access facilities.
b. Commercial uses of existing over-water buildings may be allowed to facilitate reuse of
existing structures along the waterfront.
Page 49 City of Port Orchard Shoreline Master Program | Revised February 2021
c. Minor commercial uses that are accessory and clearly incidental to an allowed use may be
provided on publicly owned docks, piers, and properties.
d. Commercial uses of over-water buildings are essential to water dependent industry or use.
SU-DR-18 All commercial development or redevelopment requiring a Substantial Development or
Conditional Use Permit within the shoreline jurisdiction shall provide for public visual and/or physical
access to the shoreline in accordance with the Public Access section of this Master Program.
Properties within the Downtown Overlay District must be consistent with the Public Access section as
well as any additional requirements in POMC Title 20.
7.7 Flood Control Works and Instream Structures
Management Policies
SMP-SU-15 New or expanding development or uses in the shoreline, including subdivision of land,
that would likely require structural flood control works within a stream, channel migration zone, or
floodway should not be allowed.
SMP-SU-16 Flood control works and instream structures should be planned and designed to be
compatible with appropriate multiple uses of stream resources over the long term, especially in
shorelines of statewide significance.
SMP-SU-17 Flood control works should only be allowed in the shoreline if they are necessary to
protect existing development and where non-structural flood hazard reduction measures are
infeasible.
SMP-SU-18 Flood control works to protect existing development should be permitted only when
the primary use being protected is consistent with this Program, and the works can be developed in
a manner that is compatible with multiple use of streams and associated resources for the long
term, including shoreline ecological functions, fish and wildlife management, and recreation.
Development Regulations
SU-DR-19 Flood control works shall be permitted when it is demonstrated by engineering and
scientific evaluations that:
a) they are necessary to protect health/safety and/or existing development and,
b) non-structural flood hazard reduction measures are not practicable.
SU-DR-20 New flood control works are prohibited on estuarine shores, on point and channel bars,
and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat
enhancement, restoration, or as identified in Development Regulation SU-DR-18.
SU-DR-21 New structural flood control works shall be placed landward of associated wetlands, and
designated habitat conservation areas, except for works that improve ecological functions, such as
wetland restoration, or as identified in Development Regulation SU-DR-18.
SU-DR-22 Revetments shall not be placed waterward of the OHWM except for weirs and current
deflectors where necessary to protect bridges and roads.
Page 50 City of Port Orchard Shoreline Master Program | Revised February 2021
SU-DR-23 No motor vehicles, appliances, other similar structures or parts thereof; nor structure
demolition debris; nor any other solid waste shall be used for flood control works.
SU-DR-24 Cut-and-fill slopes and back-filled areas shall be stabilized with brush matting and buffer
strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline
ecological functions and processes.
7.8 Industrial and Port Development
Management Policies
SMP-SU-19 Shoreline sites particularly suitable for development such as deep water harbors with
access to adequate highway and utility systems should be reserved for water-dependent or water-
related industrial and port development.
SMP-SU-20 In order to provide adequate shoreline for future water-dependent and water-related
uses, industrial or port development at deep water sites should be limited to those uses that
produce the greatest long term economic base.
SMP-SU-21 Industrial and port development that is consistent with this Program should be
protected from encroachment or interference by incompatible uses with less stringent siting
requirements, such as residential or commercial uses.
SMP-SU-22 Mixed use development, including nonwater-dependent uses, should only be
encouraged when it includes and supports water-dependent and/or water-enjoyment uses.
SMP-SU-23 Regional needs for port facilities should be carefully considered in reviewing new port
proposals and in allocating shorelines for such development. Such reviews or allocations should be
coordinated with port districts, adjacent counties and cities, and the State.
SMP-SU-24 Existing, officially designated State Harbor Areas should be used for new port
development to the maximum extent whenever possible.
SMP-SU-25 Multiple use of industrial and port facilities is encouraged to limit duplicative facilities
and reduce adverse impacts. New non-water oriented uses should be prohibited on shorelines
except when: a) The use is part of a mixed-use project that includes water-dependent and/or
water-enjoyment uses and provides a significant public benefit with respect to the Shoreline
Management Act’s objectives such as providing public access and ecological restoration; or b)
Navigability is severely limited at the proposed site, and the industrial use provides a significant
public benefit with respect to the Shoreline Management Act’s objectives such as providing public
access and ecological restoration.
SMP-SU-26 New facilities for water-dependent uses should be considered only after assessment of
the potential for shared use of existing facilities.
SMP-SU-27 Industrial and port developments shall provide opportunities for physical and/or visual
public shoreline access in accordance with the Shoreline Management Act’s public access policies,
including recreational use of undeveloped shorelines not needed for port or industry operations;
provided that, such uses are safely compatible with facility operations.
Page 51 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-SU-28 Industrial and port development in the shoreline should be located and designed to
avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline
geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, and the
aquatic food chain.
SMP-SU-29 Restoration of impaired shoreline ecological functions and processes should be
encouraged as part of industrial and port development.
Development Regulations
SU-DR-25 Over-water construction of non-water dependent industrial uses is prohibited, except as
follows :
a. Development of an overwater structure for mixed use of water dependent and water-
enjoyment uses;
b. Water-dependent industrial uses of existing over-water buildings may be allowed to
facilitate reuse of existing structures along the waterfront
c. Minor industrial uses that are accessory and clearly incidental to an allowed use may be
provided on publicly owned docks, piers, and properties;
d. Navigability is severely limited at the proposed site, and the industrial use provides a
significant public benefit with respect to the Shoreline Management Act’s objectives such as providing
public access and ecological restoration.
SU-DR-26 Storage and/or disposal of industrial wastes are prohibited within shoreline jurisdiction,
unless specifically listed in SU-DR-26 below.
SU-DR-27 The following may be permitted as an accessory use:
a. Storage of oil, fuel, chemicals, or hazardous materials, provided that they are an accessory to
the main industrial use on the property and that secondary containment and an emergency spill
response plan are included in the proposal.
b. Wastewater treatment and reclamation systems accessory to a permitted use, provided that
alternate inland areas are unavailable and the proposed location, design and operation are
compatible with existing and planned water-oriented uses.
SU-DR-28 Industrial and port facilities shall be located, designed, constructed, and operated so as to
minimize impacts to shoreline resources and unnecessary interference with the right of adjacent
property owners, as well as adjacent shoreline or water uses. Proposed industrial or port facilities
must demonstrate conformance with the following:
a. Comply with all federal, state, regional, and local requirements regarding air and water
quality. No generation of fly-ash, dust, vapors, odors, smoke or other substances shall be
permitted that are harmful to health, animals, vegetation or neighboring properties.
b. Adequate buffers shall be installed to protect adjacent non-industrial uses. Buffers may be
used for outdoor recreation or public access if consistent with public access provisions. Buffers
may not be used for storage or waste disposal.
c. Industrial or port facilities shall be designed and operated to promote joint use of over-water
and accessory facilities such as piers, docks, and storage, whenever practicable.
d. Protect public views of harbor areas and other vistas. Certain private views may beprotected
within overlay districts as provided in Title 20 of the City’s municipal code.
Page 52 City of Port Orchard Shoreline Master Program | Revised February 2021
e. A minimum 4-foot vertical separation between the storage floor surface and the highest
seasonal water is required where unpaved storage areas are proposed.
f. Compliance with all applicable fire safety and storage laws under South Kitsap Fire & Rescue
jurisdiction.
g. Exterior lighting shall be directed away from water bodies or adjacent parcels whenever
practicable.
7.9 Marinas
Management Policies
SMP-SU-30 Marinas shall meet federal, state, and local standards for health, safety and welfare.
SMP-SU-31 New marinas or redevelopment projects in existing marinas, shall provide dedicated
public access, particularly where water-enjoyment uses are associated with the marina.
SMP-SU-32 Impacts to shoreline resources from live-aboard vessels should be regulated.
SMP-SU-33 The rights of navigation shall be protected and public boating facilities are encouraged.
SMP-SU-34 Accessory uses at marinas should be limited to water-oriented uses, or uses that
provide physical or visual shoreline access for substantial numbers of the general public.
Development Regulations
SU-DR-29 New marinas and marina expansions should be located, designed, constructed, and
operated so as to minimize impacts to shoreline resources and unnecessary interference with
adjacent residential property owners and adjacent shoreline or water uses. Proposals for new or
expanded facilities shall:
a. Be located with regard to favorable conditions related to prevailing winds, currents,
bathymetrics, and adequate harbor flushing.
b. Comply with all federal, state, regional, and local requirements regarding water quality.
c. Be generally compatible with the general aesthetic quality of the shoreline area. Provide for
adequate upland support facilities.
d. Provide accessory parking and loading areas.
e. Facilitate orderly launching, retrieval, and storage of boats as well as circulation of vehicles
and pedestrians in the vicinity of the marina.
f. Havean emergency plan to minimize and handle accidental spills of hazardous liquids and
wastes.
g. Provide pump-out and on-shore sewage and waste disposal facilities.
SU-DR-30 Marinas shall provide public access in accordance with this Master Program and the
Shoreline Management Act.
SU-DR-31 All building materials shall be of a non-reflective material.
SU-DR-32 Individual boathouses are discouraged in new or expanded marinas. Replacement
boathouses at existing marinas are supported.
Page 53 City of Port Orchard Shoreline Master Program | Revised February 2021
SU-DR-33 On state-owned aquatic lands within marinas, the number of live-aboard vessel slips are
limited to the provisions identified within WAC 332-30-171.
7.10 Moorage: Docks, Piers and Mooring Buoys
Management Policies
SMP-SU-35 Moorage associated with a single family residence is considered a water-dependent use
provided that it is designed and used as a facility to access watercraft, and other moorage facilities
are not available or feasible. Moorage for water-related and water enjoyment uses or shared
moorage for other types of residential uses should be allowed as part of a mixed use development
or where it also provides public access.
SMP-SU-36 New moorage, excluding docks accessory to single family residences, should be
permitted only when the applicant/proponent has demonstrated that a specific need exists to
support the intended water-dependent or public access use.
SMP-SU-37 Mooring buoys are preferred over docks or floats. Shared moorage facilities are
preferred over single-user moorage where feasible, especially where water use conflicts exist or are
predicted. New residential developments, including single-family subdivisions and multifamily and
mixed-use developments, should provide shared moorage.
SMP-SU-38 Docks, piers and mooring buoysshould avoid locations where they will adversely impact
shoreline ecological functions or processes, including currents and littoral drift.
SMP-SU-39 Moorage should be spaced and oriented in a manner that minimizes hazards and
obstructions to public navigation rights and corollary rights thereto such as, but not limited to,
fishing, swimming and pleasure boating, as well as private riparian rights of adjacent land owners.
SMP-SU-40 Moorage should be restricted to the minimum size necessary to meet the needs of the
proposed use. The length, width and height of piers and docks should be no greater than that
required for safety and practicality for the principal use.
SMP-SU-41 In general, pile supports are preferred over floats because piles do not displace water
surface and intertidal or aquatic habitat and are removable and thus more flexible in terms of long-
term use patterns; however, floats may be less desirable than pile structures where aquatic habitat
or littoral drift are significant.
SMP-SU-42 The use of buoys for small craft moorage is preferred over piles or float structures
because of lesser long term impact on shore features and users; moorage buoys should be placed as
close to shore as possible to minimize obstruction to navigation.
SMP-SU-43 Shoreline resources and water quality should be protected from overuse by boaters
living on vessels (liveaboards). Boaters permanently living on vessels are restricted to established
marinas with facilities to address waste handling and other sanitary services.
SMP-SU-44 Vessels are prohibited from extended mooring on waters of the state unless such
moorage is in compliance with the open moorage requirements of WAC 332-30-139.
SMP-SU-45 No vessel being used as a liveaboard residence shall be moored on waters of the state
outside a marina. .
Page 54 City of Port Orchard Shoreline Master Program | Revised February 2021
SMP-SU-46 Piers and docks should be constructed of materials that will not adversely affect water
quality or aquatic plants and animals in the long term.
SMP-SU-47 New pier and dock development should be designed so as not to interfere with lawful
public access to or use of shorelines. Developers of new piers and shared moorage should be
encouraged to provide physical or visual public access to shorelines whenever safe and compatible
with the principal use and shore features.
Development Regulations
SU-DR-34 Applications for public mooring buoys should include an enforcement and management
plan that describes rules and regulations for public use of state aquatic lands and navigable waters.
SU-DR-35 Private mooring buoys are permitted in Aquatic environments adjacent to Shoreline
Residential, High Intensity, and Urban Conservancy environments.
SU-DR-36 Mooring buoys are subject to permitting requirements and Hydraulic Project Approval
conditions from the Washington State Department of Fish & Wildlife.
SU-DR-37 Mooring buoys shall be located, designed, constructed, and operated so as to minimize
impacts to shoreline resources and unnecessary interference with the right of adjacent property
owners, as well as adjacent shoreline or water uses.
SU-DR-38 A mooring buoy shall secure no more than two boats.
SU-DR-39 Washington Department of Natural Resources (DNR) requires registration for mooring
buoys placed onto state-owned aquatic lands.
SU-DR-40 No creosote, chromate copper arsenate, or pentachlorophenol treated wood, or other
comparably toxic compounds may be used as part of the in-water decking, pilings, or other
components of any structures such as docks, wharves, piers, marinas, rafts, floats or terminals.
Treated wood may only be used for above water structural framing and is discouraged to be used as
decking, pilings, etc. During maintenance, existing treated wood should be replaced with
alternative non-toxic materials.
SU-DR-41 Tires are prohibited as part of above or below water structures or where tires could
potentially come in contact with the water. Existing tires used for floatation should be replaced with
inert or encapsulated materials such as plastic or encased foam, during maintenance or repair of the
structure.
SU-DR-42 All foam material must be encapsulated within a shell that prevents breakup or loss of the
foam material into the water and is not readily subject to damage by ultraviolet radiation or
abrasion. During maintenance, existing un-encapsulated foam material should be removed or
replaced.
SU-DR-43 To prevent prop scour, boat mooring areas for new docks, marinas, shipyards and
terminals, mooring buoys, rafts and floats should be located where the water will be deeper than 2
meters (7 feet) at the lowest low water, or where it can be shown that prop scour will not adversely
impact aquatic vegetation or increase suspended sediment loads.
SU-DR-44 The design, location, and construction of docks, floats, and piers, as well as their
subsequent use, should minimize adverse effects on fish, shellfish, wildlife, water quality, and
geohydraulic processes.
Page 55 City of Port Orchard Shoreline Master Program | Revised February 2021
SU-DR-45 Docks, piers, and floats should be designed, located and operated to minimize
interference with adjacent water uses. The maximum length of a pier or dock should be the
minimum necessary to accomplish moorage.
Development Standards for new Piers and Docks
Docks, piers, and floats should be designed, located and operated to minimize interference
with adjacent water uses and impacts to fish, shellfish and habitat. The maximum length,
width and surface area of a pier or dock should be consistent with the requirements of WAC
220-660-380 or its successor, and should be the minimum necessary to accomplish moorage
and shore access based on site-specific circumstances as determined by a marine engineer,
as well as potential impacts and mitigation requirements. The maximum width of a residential
pier or dock is 6 feet. The maximum width of a ramp is 4 feet. Ells are not permitted on single-
family residential docks, piers or floats.
Unless otherwise recommended by the Department of Ecology and/or the Department of Fish
and Wildlife based on site-specific review, all decking, and floats 6 feet or less in width shall
include a minimum of thirty percent (30%) functional grating, floats greater than 6 feet in
width shall have a minimum of fifty percent (50%) functional grating, and ramps shall be fully
grated. Functional grating shall not be covered or used as a storage area, and must be
maintained in a condition free of algae, mud or other debris that may impede light
transmission.
The diameter of piling shall not exceed 12 inches and shall be the minimum required for the
purpose based on site-specific circumstances as determined by a marine engineer. New or
replaced piles or structural members of a pile in direct contact with the water shall be
constructed of concrete or steel in accordance with current best management practices and
shall not be treated or coated with herbicides, fungicides or pentachlorophenol. No creosote,
pentachlorophenol, CCA or comparable toxic compounds not approved for marine use shall
be used for any portion of the overwater or in-water structure of a new or replacement pile,
or a pile wrapping. ACZA treated wood may be used for overwater pile structures as long as
it meets the most recent Post Treatment Procedures established as best management
practices by the American Wood Preservers’ Association and Western Wood Preservers
Institute.
SU-DR-46 Publicly owned dock or pier facilities may not exceed the minimum length required for
moorage.
SU-DR-47 Railings, if provided, should be of open framework design and conform to the Uniform
Building Code where required.
SU-DR-48 Utility service, if provided on docks and piers, should be placed on or under the deck.
Overhead utility service is prohibited. Lighting shall be designed and installed to prevent
unnecessary glare.
SU-DR-49 Docks, piers and floats should be marked as necessary to avoid hazardous conditions for
surface water users.
Page 56 City of Port Orchard Shoreline Master Program | Revised February 2021
SU-DR-50 Structures over three (3) feet in height should not be permitted on a noncommercial pier,
dock, or float, except railings, navigational features, hoists, shielded safety lighting, or other safety
devices. This does not include floating dock pilings.
SU-DR-51 All piers and docks should be constructed an maintained in a safe condition. Abandoned
or unsafe docks and piers should be removed or repaired promptly by the owner. Where any such
structure constitutes a hazard to the public, the City may, following proper notice to the owner,
abate the structure if the owner fails to do so within 90 days, and may impose a lien on the related
shoreline property in an amount equal to the cost of the abatement.
SU-DR-52 Prohibited uses and activities are as follows.
a) Piers, docks, boathouses, and floats used for solely residential purposes (live-aboards are
allowed within established commercial marinas).
b) Piers, docks, and floats on streams.
c) Covered moorage or boathouses over water except within established marinas and boat
repair yards.
d) Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to
accommodate a pier, dock, or float.
7.11 Parking
This section applies to both surface and structure parking facilities. Parking may be a principal use or an
accessory use.
Management Policies
SMP-SU-47 Parking lots and/or parking within structures to support permitted and conditionally
permitted shoreline uses are not a preferred use in the shoreline jurisdiction, and should only be
allowed where no feasible alternatives exist.-
SMP-SU-48 The City should explore options for reducing and/or removing publicly-owned parking
lots within the shoreline jurisdiction, including conversion to shoreline public access, public water-
dependent and water-enjoyment uses, and shoreline recreation facilities such as beaches and
fishing areas.
Development Regulations
SU-DR-53 New or redeveloped surface parking areas and parking lots shall be located outside the
shoreline jurisdiction where feasible.
SU-DR-54 Parking for redevelopment in the HI shoreline environment shall meet the requirements
of Appendix C, in addition to all other requirements of this master program.
SU-DR-55 Surface parking as a principal use, including commercial (pay) parking and/or parking for
offsite uses, is not allowed in the Natural, Urban Conservancy, or Shoreline Residential
environments.
Page 57 City of Port Orchard Shoreline Master Program | Revised February 2021
SU-DR-56 Stand-alone structure parking is not allowed in the shoreline jurisdiction.
7.12 Recreation
Shoreline recreational development provides opportunities for play, sports, relaxation, amusement, or
contemplation. It includes facilities for passive recreational activities, such as hiking, photography, and
viewing. It also includes facilities for active or more intensive uses such as parks, trails, and fishing. This
section applies to both publicly- and privately-owned shoreline facilities intended for use by the public
or a private club, group, association, or individual.
Management Policies
SMP-SU-49 Shoreline recreational development should be given priority for shoreline location to
the extent that the use facilitates the public’s ability to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline. Where appropriate, such
facilities should be dispersed along the shoreline in a manner that supports more frequent
recreational access and aesthetic enjoyment of the shoreline for a substantial number of people.
SMP-SU-50 Recreational developments should facilitate appropriate use of shoreline resources
while conserving them. These resources include, but are not limited to: accretion shoreforms,
wetlands, soils, ground water, surface water, native plant and animal life, and shore processes.
SMP-SU-51 Recreational developments and plans should provide the regional population a varied
and balanced choice of recreation experiences in appropriate locations. Public agencies and private
developers should coordinate their plans and activities to provide a wide variety of recreational
opportunities without needlessly duplicating facilities.
SMP-SU-52 Trail links between shoreline parks and public access points should be encouraged for
walking or bicycle riding where appropriate. The City of Port Orchard Comprehensive Park Plan and
the Mosquito Fleet Trail Plan should be considered in design and approval of public trail systems.
SMP-SU-52 Access to natural areas, including but not limited to shoreline beaches and Blackjack
and Ross Creeks, should be a combination of linear shoreline trails or easements and small parking
or access tracts to minimize user concentration to small portions of the shoreline.
SMP-SU-533 Recreation facilities should incorporate public education regarding shoreline ecological
functions and processes, the role of human actions on the environment and the importance of
public involvement in shorelines management. Opportunities incorporating educational and
interpretive information should be pursued in design and operation of recreation facilities and
nature trails.
SMP-SU-54 Recreation development should be located only where utility and road capability is
adequate or may be provided without significant damage to shore features commensurate with the
number and concentration of anticipated users.
SMP-SU-55 Cooperative efforts among public and private persons toward the acquisition and/or
development of suitable recreation sites or facilities should be explored to assure long-term
availability of sufficient public sites to meet local recreation needs.
Page 58 City of Port Orchard Shoreline Master Program | Revised February 2021
Development Regulations
SU-DR-57 Recreational facilities shall make adequate provisions for:
a. Vehicular and pedestrian access
b. The prevention of overflows and trespasses onto adjacent properties.
c. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value
and enjoyment of adjacent or nearby private or public properties
d. The enforcement of laws and regulations associated with use of the facilities being proposed
e. Water supply, sewage disposal, parking, and garbage collection.
f. Security
g. Maintenance
SU-DR-58 Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion
shoreforms, should be used only for non-intensive recreation activities.
SU-DR-59 Stairways and landings should be located upland of existing bulkheads, banks, and the
OHWM unless integral to a water-dependent use or overwater structure permitted by this Master
Program.
7.13 Residential Development
Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels
that are used or intended to be used to provide a dwelling for human beings. Residential development
includes single-family residences, duplexes, other detached dwellings, multifamily residences,
apartments, townhouses, , group housing, condominiums, subdivisions, planned unit developments, and
short subdivisions. Residential development also includes accessory (aka appurtenant) uses and
structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences,
cabanas, saunas, and accessory dwelling units, when allowed by the underlying zoning. Single-family
residences are identified as a priority use when developed in a manner consistent with control of
pollution and prevention of damage to the natural environment. Without proper management, single-
family residential use can cause significant damage to the shoreline area through cumulative impacts
from shoreline armoring, storm water runoff, septic systems, introduction of pollutants, and vegetation
modification and removal.
Management Policies
SMP-SU-56 Single family residences are designated as a priority use consistent with RCW 90.58.
SMP-SU-57 New residential development is encouraged to cluster dwelling units together to reduce
physical and visual impacts on shorelines and to reduce utility and road costs. Planned unit
developments that include common open space and recreation facilities, or a variety of dwelling
sizes and types, are encouraged at suitable locations as a preferable alternative to extensive single
lot subdivisions on shorelines. Plats and subdivisions must be designed, configured and developed
in a manner that assures no net loss of ecological functions from full build-out of all lots.
SMP-SU-58 Structures or development for uses accessory to residential use should preserve
shoreline open space, be visually and physically compatible with adjacent shoreline features, be
Page 59 City of Port Orchard Shoreline Master Program | Revised February 2021
reasonable in size and purpose, and result in no net loss of shoreline ecological functions and
processes.
SMP-SU-59 Building heights must be compatible with POMC Title 20, including any height
restrictions required by overlay districts, and any subarea plans adopted in the City’s Comprehensive
Plan. .
SMP-SU-60 New residential development should be planned and built to minimize the need for
shoreline stabilization and flood hazard reduction measures and assures not net loss of ecological
functions.
SMP-SU-61 Measures to conserve native vegetation along shorelines should be required for all
residential development. Vegetation conservation may include avoidance or minimization of
clearing or grading, restoration of areas of native vegetation, and/or control of invasive or non-
native vegetation.
SMP-SU-62 Whenever possible, non-regulatory methods to protect shoreline
ecological functions and other shoreline resources should be encouraged for residential
development. Such methods may include resource management planning, low impact development
techniques, voluntary protection and enhancement projects, education, or incentive programs.
SMP-SU-63 New multi-unit waterfront residential developments, including single-family residential
developments of more than four parcels, should provide substantial shoreline access for
development residents and the public, unless public access is infeasible due to incompatible uses,
safety, impacts to shoreline ecology or legal limitations.
SMP-SU-64 Development should provide open space corridors between structures, and along site
boundaries, so as to provide space for outdoor recreation, preserve views, and minimize use
conflicts.
Development Regulations
SU-DR-60 Single-family homes are exempt from the Shoreline Substantial Development Permit
requirements.
SU-DR-61 Residential development shall be located and designed to avoid the need for structural
shoreline armoring and flood protection.
SU-DR-62 Subdivisions or development of more than four dwelling units adjacent to the waterfront
shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that
provides area sufficient to ensure usable access to the shoreline for residents of the development
and the general public. When required, public access easements must comply with the Public
Access section of this Master program.
7.14 S horeline Stabilization and Bulkheads
Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings,
businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action.
These actions include structural and nonstructural methods. Shoreline stabilization measures can
Page 60 City of Port Orchard Shoreline Master Program | Revised February 2021
include a wide range of works varying from hard vertical walls to vegetation conservation and
enhancement.
Management Policies
SMP-SU-65 New development should be located and designed to avoid the need for future
shoreline stabilization to the extent feasible.
SMP-SU-66 New structural stabilization should only be allowed to protect existing principal
structures or in support of new water-dependent uses.
SMP-SU-67 New shoreline stabilization should result in no net loss of ecological functions
SMP-SU-68 The size of stabilization measure should be limited to the minimum necessary. Soft
approaches should be used unless demonstrated not to be sufficient to protect principal structures,
dwellings and businesses.
Development Regulations
SU-DR-63 Subdivisions of land must ensure the lots created will not require shoreline stabilization in
order for reasonable development to occur, based on geotechnical analysis of the site and shoreline
characteristics.
SU-DR-64 New bulkheads will be allowed only if a geotechnical analysis demonstrates danger and
structural damage is likely to a legal principal structure.
a. New or enlarged structural shoreline stabilization measures for an existing principal
structure, including residences, shall not be allowed unless there is conclusive evidence,
documented by a qualified professional, that the structure is in danger from shoreline
erosion caused by currents or wave action. Normal sloughing, erosion of steep bluffs, or
shoreline erosion itself, without a scientific or geotechnical analysis, is not
demonstration of need. The analysis must evaluate onsite drainage issues and address
drainage problems before considering structural shoreline stabilization.
b. Supplementary or non-structural stabilization must be shown to be impractical or non-
effective, as demonstrated by a geotechnical report.
c. The report(s) must determine that the stabilization structure will not result in a net loss
of shoreline ecological functions.
SU-DR-65 Replacement bulkheads will be allowed, if soft armoring alternatives are not feasible.
Replacement bulkheads should be placed landward of the OHWM, and will not be allowed
waterward of the existing bulkhead.
SU-DR-66 Alternatives for shoreline stabilization shall be based on the following hierarchy of
preference:
a. No action
b. Flexible stabilization constructed of natural materials incorporating measures such as
soft shore protection and bioengineering, including beach nourishment, protective
berms, or vegetative stabilization.
Page 61 City of Port Orchard Shoreline Master Program | Revised February 2021
c. Flexible stabilization, as described above, with rigid works, constructed as a
protective measure.
d. Rigid works constructed of artificial materials such as riprap or concrete.
SU-DR-67 A seawall or bulkhead protecting state or local roads, may be rebuilt or repaired if
deemed necessary by the City Engineer and Shoreline Administrator.
7.15 Signs
The City of Port Orchard recognizes the constitutional right for property owners to communicate using
signs on their property. These policies are intended to ensure that signage within shoreline areas is
consistent with the purpose and intent of the Act and this Program by addressing impacts to ecological
functions, public safety and visual aesthetics.
Management Policies
SMP-SU-69 Signs should be located, designed and maintained to be visually compatible with local
shoreline scenery as seen from both land and water, especially on shorelines of statewide
significance.
SMP-SU-70 Sign location and design should not substantially impair shoreline views.
SMP-SU-71 All signs shall meet the requirements of POMC Title 20.
SMP-SU-72 Communities, districts, and/or multi-use or multi-tenant commercial developments are
encouraged to erect single, common use gateway signs to identify and give directions to local
premises and public facilities as a preferable alternative to a proliferation of single purpose signs.
SMP-SU-73 Off-premise signs are prohibited. Signs that are not water-dependent or that reduce
public enjoyment of or access to shorelines are not encouraged. Such signs should not be located
on shorelines except for approved community gateway or directional signs.
SMP-SU-74 Free-standing signs should be located to avoid blocking scenic views and be located on
the landward side of public transportation routes which generally parallel the shoreline.
SMP-SU-75 To minimize negative visual impacts and obstructions to shoreline access and use, low-
profile, on-premise wall signs are preferred over free-standing signs or other wall signs.
SMP-SU-76 Moving or flashing signs should be prohibited on shorelines.
SMP-SU-77 Artificial lighting for signs or security should be directed or beamed away from the
water, public streets or adjacent properties.
Page 62 City of Port Orchard Shoreline Master Program | Revised February 2021
Development Regulations
SU-DR-68 Signs shall conform to all provisions in POMC Title 20.
7.16 Transportation Facilities
Transportation facilities are those structures and developments that aid in land and water surface
movement of people, goods, and services. They include roads and highways, bridges and causeways,
ferry terminals, railroad facilities, and boat and floatplane terminals. The shoreline areas within the City
of Port Orchard and the South Kitsap Urban Growth Area are dominated by transportation facilities.
Major State Highways and local roads are adjacent to the entire length of the marine shoreline, parallel
to the Sinclair Inlet, and multiple private docks and public passenger-only ferry docks are located in the
area. Transit interchanges and transportation hubs are vital to the shoreline connection to major cities
and transportation infrastructure that is vital to the local and regional economy.
Management Policies
SMP-SU-78 New transportation facilities should be located so as to not interfere with existing public
access areas and significant natural, historic, archaeological or cultural sites.
SMP-SU-79 New or expanded public transportation facility route selection and development within
the shoreline should be coordinated with related local and state government land use and
circulation planning.
SMP-SU-80 Transportation system route planning, acquisition, and design in the shoreline should
provide space wherever possible for compatible multiple uses such as utility lines, public access,
pedestrian shore access or view points, or recreational trails.
SMP-SU-81 Transportation system plans and transportation projects within shorelines should
provide adequate, safe, and compatible space for non-motorized traffic such as pedestrians and
bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and
must be considered when shoreline rights-of-way ends are being vacated or abandoned.
SMP-SU-82 Public access should be provided to shorelines where safe and compatible with the
principal and adjacent use, or should be replaced where transportation development substantially
impairs lawful public access. Viewpoints, parking, trails and similar improvements should be
considered for transportation system projects in shoreline areas, especially where a need has been
identified.
SMP-SU-83 Public transportation routes, particularly arterial highways and railways within the
shoreline, should be located, designed, and maintained to permit safe enjoyment of adjacent shore
areas and properties by other appropriate uses such as recreation or residences. Vegetative
screening or other buffering should be considered.
SMP-SU-84 Efforts to implement waterfront trails including the Mosquito Fleet Trail and Blackjack
Creek Trail should accompany any shoreline transportation projects.
SMP-SU-85 Maintenance and repair of existing roadways and transportation facilities within the
shorelines should not be unduly encumbered by Shoreline Master Program implementation.
Page 63 City of Port Orchard Shoreline Master Program | Revised February 2021
Development Regulations
SU-DR-69 When feasible, major new transportation facilities should be located away from the
shoreline.
SU-DR-70 Roads shall be located to avoid critical areas where possible.
SU-DR-71 Roads and waterway crossings are discouraged within wetlands or critical fish and wildlife
conservation areas except when all upland alternatives have been proven infeasible and the
transportation facilities are necessary to support uses consistent with this program.
SU-DR-72 Roads, bridges, culverts and similar devices are encouraged to afford maximum
protection for fish and wildlife resources.
SU-DR-73 New transportation facilities should be located in a manner to and encouraged to be
designed to minimize or prevent the need for shoreline protective measures such as riprap or other
bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrading.
SU-DR-74 Maintenance, repair, and replacement of existing road facilities is encouraged.
SU-DR-75 Road routes shall make provisions for pedestrian, bicycle, and other non-motorized
modes of travel whenever feasible.
7.17 Utilities
Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric
power, water, sewage, communications, oil, gas, stormwater, and the like. The provisions in this section
apply to principal use and activities such as sewage treatment plants, sewer lift pumps, stormwater
outfalls and fuel storage facilities. On-site utility features serving a principal use, such as water, sewer or
gas line to a residence, are "accessory utilities" and shall be reviewed as appurtenances to the principal
use (in this example, the residential use).
Management Policies
SMP-SU-86 New public or private utilities should be located inland from the land/water interface,
preferably out of the shoreline jurisdiction, unless:
a. Perpendicular water crossings are unavoidable; or
b. Utilities are required for authorized shoreline uses consistent with this Program.
SMP-SU-87 Utilities should be located and designed to avoid public recreation and public access
areas and significant natural, historic, archaeological or cultural resources.
SMP-SU-88 Utilities should be located, designed, constructed, and operated to result in no net loss
of shoreline ecological functions and processes with appropriate mitigation.
SMP-SU-89 All utility development should be consistent with and coordinated with all local
government and state planning, including comprehensive plans and single purpose plans to meet
Page 64 City of Port Orchard Shoreline Master Program | Revised February 2021
the needs of future populations in areas planned to accommodate growth. Site planning and rights-
of-way for utility development should provide for compatible multiple uses such as shore access,
trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition
should also be coordinated with transportation and recreation planning.
SMP-SU-90 Utilities should be located in existing rights-of-way and corridors whenever possible.
SMP-SU-91 Utilities serving new development should be located underground, wherever possible.
SMP-SU-92 Development of pipelines and cables on aquatic lands and tidelands, particularly those
running roughly parallel to the shoreline, and development of facilities that may require periodic
maintenance which would disrupt shoreline ecological functions should be discouraged except
where no other feasible alternative exists.
Development Regulations
SU-DR-76 Utility development should provide for compatible, multiple uses of sites and rights-of-
way.
SU-DR-77 Replacement of existing wires, utility poles, and similar existing infrastructure are
permitted and are exempt from shoreline substantial permit requirements.
SU-DR-78 Utilities shall be located adjacent to or within existing utility or circulation easements or
rights-of-way whenever feasible. Joint use of rights-of-way and corridors is encouraged.
SU-DR-79 Utilities shall be located, designed, constructed and operated so as to document no net
loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with
present and planned land and shoreline uses.
SU-DR-80 Utility distribution lines serving new development including electricity, communications
and fuel lines should be located underground, except where the presence of bedrock or other
obstructions make such placement infeasible. Existing above-ground lines should be moved
underground during normal replacement processes.
SU-DR-81 Land filling in shoreline jurisdictions for utility facilities or line placement is prohibited.
SU-DR-82 Clearing of vegetation for the installation or maintenance of utilities should be kept to a
minimum.
SU-DR-83 Within the shoreline jurisdiction, new utility mounting and transmission poles are limited
to 35 feet in height, or the height limit provided for the zone by Title 20, whichever is less.
Page 65 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 8:
SHORELINE ADMINISTRATION AND PERMIT PROCEDURES
This chapter provides information on the City’s processes and permit procedures regarding the
Shoreline Management Act and the City of Port Orchard Shoreline Master Program.
8.1 Shoreline Administrator
The City of Port Orchard’s Community Development Director, or his/her designee, shall serve as the
Shoreline Administrator. The Shoreline Administrator shall determine the proper procedure for all
shoreline permit applications, and shall have the authority to grant, condition, or deny shoreline
exemptions and administrative shoreline permits.
8.2 Hearing Examiner
The Hearing Examiner shall have authority to conduct open record public hearings and to grant,
condition, or deny applications for shoreline substantial use, variance, and conditional use permits,
subject to final approval by the Department of Ecology.
8.3 Shoreline Exemptions
A shoreline exemption is a Type I administrative decision, per POMC Section 20.22.020. The Shoreline
Administrator shall promptly issue a letter of exemption if a proposed action meets the criteria required
by WAC 173-27-040(2), or is specifically exempted pursuant to RCW 90.58.030(3)(e).
Additionally, requirements to obtain a Substantial Development Permit (SDP), Conditional Use Permit,
Variance, letter of exemption, or other review to implement the Shoreline Management Act do not
apply to the following:
(i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at
a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under
chapter 70.105D RCW.
(ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355,
any person installing site improvements for storm water treatment in an existing boatyard
facility to meet requirements of a national pollutant discharge elimination system storm
water general permit.
(iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356,
Washington State Department of Transportation projects and activities meeting the
conditions of RCW 90.58.356 are not required to obtain a Substantial Development Permit,
Conditional Use Permit, Variance, letter of exemption, or other local review.
(iv) Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
(v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
chapter 80.50 RCW.
Page 66 City of Port Orchard Shoreline Master Program | Revised February 2021
Per WAC 173-27-040, exemptions shall be construed narrowly. Only those developments that meet the
precise terms of one or more of the listed exemptions may be granted exemption from the SDP process.
An exemption from the SDP process is not an exemption from compliance with the Shoreline
Management Act or the City’s Shoreline Master Program, nor from any other regulatory requirements.
To be authorized, all uses and developments must be consistent with the policies and provisions of this
Master Program and the Act. The burden of proof that a development or use is exempt from the permit
process is on the applicant.
If any part of a proposed development is not eligible for exemption, then an SDP is required for the
entire proposed development project.
The City may attach conditions to the approval of exempted developments and/or uses as necessary to
assure consistency of the project with the Act and the Master Program.
8.4 Multiple Permits Required
Certain shoreline development or use proposals may require more than one shoreline permit or
decision type (substantial development permit, shoreline conditional use permit, shoreline variance),
and/or may also require additional land use permit approvals such as preliminary plat, conditional use
permit, variance, binding site plan, etc. When more than one permit type is required for a shoreline
development or use, all permit applications will be processed and reviewed concurrently according to
the highest permit type (Types I-V) as specified in POMC 20.20 and 90.58.140, or as hereafter amended.
If there is any conflict between the requirements of these regulations, the more stringent requirement
shall control.
.
8.5 Shoreline Substantial Development Permits
Shoreline Substantial Development Permits (“SDPs”) are required for all developments (unless
specifically exempt) that meet the legal definition of “substantial development.” A “substantial
development” is any development which meets the criteria of WAC 173-27-040(2)(a) or its successor, or
any development which materially interferes with the normal public use of the water or shorelines of
the state, or as specifically exempted pursuant to RCW 90.58.030(3)(e).
SDPs are reviewed and processed by local governments and subsequently sent to Ecology. Under WAC
173-27-150, substantial development permits cannot be approved unless they are consistent with
policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program.
The City may condition a permit if needed to ensure consistency of the project with the Act and the
City’s Master Program.
Certain proposed development activities and uses may qualify for processing as an administrative SDP
subject to Section 8.4.1.1. An administrative SDP is a Type II decision per POMC Section 20.22.020. If a
development activity or use does not qualify for an administrative SDP, it will be processed as a regular
SDP, which is a Type III decision per POMC Section 20.22.020, and requires a public hearing before the
City’s hearing examiner.
Page 67 City of Port Orchard Shoreline Master Program | Revised February 2021
8.5.1 Shoreline Substantial Development Permits - Administrative
8.5.1.1 Development Activities
Development activities that meet one or more of the following criteria and exceed the exemption
thresholds shall be processed as an administrative SDP:
(a) The remodel, rehabilitation, or other development activities that significantly alter the
exterior of an existing building (e.g., adding a fire escape to a building exterior). Minor modifications
such as roof replacement, changes in window or door openings, or new siding may qualify as a shoreline
exemption;
(b) Expansions of existing buildings that do not exceed a total of 1,000 square feet, will not
exceed one-story in height, and will not increase the height of an existing roof;
(c) Temporary buildings or other activities that do not qualify as an exemption because
they may have a temporary adverse impact on public views, aesthetics, or public access;
(d) Public access and other associated amenities that are located landward of the OHWM
and the fair market value does not exceed $50,000;
(e) Underground utility improvements, including utility extensions, within an existing right-
of-way;
(f) Installation of public art.
8.5.1.2 Permit Process
Administrative shoreline permits will be processed as an administrative (Type II) permit in accordance
with the requirements of POMC 20.22 and RCW 90.58.140, or as hereafter amended. If there is any
conflict between the requirements of these regulations, the more stringent requirement shall control.
8.5.2 Shoreline Substantial Development Permits – Hearing Examiner
8.5.2.1. Development Activities.
Substantial development permits that do not qualify for administrative review and approval under 8.4.1
shall be processed as a hearing examiner decision (Type III) permit in accordance with the requirements
of POMC 20.22 and RCW.90.58.140, or as hereafter amended. If there is any conflict between the
requirements of these regulations, the more stringent requirement shall control.
8.5.2.2. Permit Process
Hearing examiner shoreline substantial development permits will be processed as a quasi-judicial (Type
III) permit in accordance with the requirements of POMC 20.22 and RCW 90.58.140, or as hereafter
amended. If there is any conflict between the requirements of these regulations, the more stringent
requirement shall control.
8.6 Shoreline Conditional Use Permits
8.6.1 Description
A Shoreline Conditional Use Permit (SCUP) is a Type III (quasi-judicial) decision per POMC 20.22.020, and
requires a public hearing and decision by the City’s hearing examiner. An SCUP allows greater flexibility
Page 68 City of Port Orchard Shoreline Master Program | Revised February 2021
in applying use regulations of the shoreline master program.. A development or use that is listed as a
conditional use in the use table in 7.1, or that is not listed in the use table in 7.1, must obtain an SCUP
even if the development or use does not require a substantial development permit or is otherwise
exempt from permit requirements. A development or use that is listed as “prohibited” in the use table in
7.1 cannot be approved through an SCUP.
8.6.2 Criteria for Granting Shoreline Conditional Use Permits
Uses which are classified or set forth in the applicable master program as conditional uses may be
authorized provided that the applicant demonstrates all of the following:
1. That the proposed use is consistent with the policies of the SMA (RCW 90.58.020) and
the master program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
4. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
6. Conditional uses must also meet criteria in WAC 173-27-140 which apply to all
development.
Some proposals may require both a shoreline substantial development permit (Type I administrative or
Type II hearing examiner) and a shoreline conditional use permit. Other proposals that are not a
"substantial development" and are exempt from receiving an SDP might require a shoreline conditional
use permit.
8.6.3 Permit Process
Shoreline Conditional Use Permits are subject to processing under POMC 20.22.050, RCW 90.58.140
and WAC 173-27-160. . They are administered by the Shoreline Administrator or his/her designee, and
are subject to public notice, public comment, a public hearing and SEPA requirements. City-approved
SCUPs are sent to Ecology at the end of the local appeal period. Ecology must either approve, deny or
condition every SCUP within 30 days of receiving a complete permit application.
8.7 Shoreline Variances
8.7.1 Description
Shoreline variances are requests to adjust the applicable setback and/or bulk and dimensional
requirements of the SMP where there are extraordinary or unique circumstances relating to the subject
property such that the strict implementation of the SMP requirements would impose unnecessary
hardship on the applicant or thwart the policies set for in RCW 90.58.020. When a development and/or
use is proposed that does not comply with the bulk, dimensional and performance standards of the
master program, such development can only be authorized by approval of a variance. A variance cannot
be approved to permit a use that is listed as “prohibited” in the use table in 7.1.
Page 69 City of Port Orchard Shoreline Master Program | Revised February 2021
Certain variance requests may qualify for processing as an administrative variance subject to Section
8.7.2. An administrative variance is a Type II decision per POMC Section 20.22.020. If a variance request
does not qualify for an administrative variance, it will be processed as a regular variance, which is a Type
III (quasi-judicial) decision per POMC Section 20.22.020, and requires a public hearing and a decision by
the City’s hearing examiner.
8.7.2 Criteria for Granting Shoreline Variances
Any variance request must meet the requirements listed below, depending on whether an
administrative (Type II) or hearing examiner (Type III) variance is requested.
8.7.3 Shoreline Variances - Administrative
8.7.3.1 Criteria for granting administrative (Type II)shoreline variances
A request for an administrative shoreline variance must demonstrate that the development or use
meets all of the criteria below, in order to be approved:
1. The development and/or use is located landward of the ordinary high water mark (OHWM)
as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW
90.58.030(2)(h); and
2. The maximum relief requested by the variance deviates from the applicable bulk,
dimensional or performance standard(s) in the City’s master program by no more than 20%
of each applicable standard; and
3. The development and/or use meets all of the criteria of WAC 173-27-170(2).
If the administrative variance request meets the criteria for 3. above, but does not meet the criteria for
both 1. and 2., an administrative variance cannot be granted, but a hearing examiner (Type III) shoreline
variance may be requested.
8.7.4 Shoreline Variances – Hearing Examiner
8.7.4.1 When a hearing examiner (Type III) shoreline variance is required.
A development proposal does not qualify to request an administrative (Type II) shoreline variance if
either or both of the criteria below are met, and a hearing examiner shoreline variance must be
requested:
1. The development or use will be located waterward of the ordinary high water mark
(OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW
90.58.030(2)(h);
2. The relief requested by the variance deviates from the applicable bulk, dimensional or
performance standard(s) in the City’s master program by more than 20% of any applicable
standard.
8.7.4.2 Criteria for granting hearing examiner (Type III) shoreline variances
A request for a hearing examiner variance must demonstrate that the development or use will meet all
of the criteria below, as applicable, in order to be approved:
Page 70 City of Port Orchard Shoreline Master Program | Revised February 2021
1. If the development or use will be located waterward of the ordinary high water mark
(OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW
90.58.030(2)(h), it must meet the criteria of WAC 173-27-170(3).
2. For all variance requests, the development and/or use must meet all of the criteria of WAC
173-27-170(2).
8.7.5 Permit Process
Requests for a shoreline variance (Type II or Type III) are administered by the Shoreline Administrator or
his/her designee, and are subject to public notice, public comment, a public hearing (Type III only) and
SEPA requirements. City-approved shoreline variances are sent to Ecology at the end of the local appeal
period. Ecology must either approve, deny or condition every shoreline variance within 30 days of
receiving a complete permit application.
8.8 Appeals
The granting, denying or rescinding of a shoreline substantial development permit, shoreline conditional
use permit or shoreline variance may be appealed to the state shoreline hearings board as provided in
RCW 90.58.180.
Page 71 City of Port Orchard Shoreline Master Program | Revised February 2021
CHAPTER 9: NONCONFORMING DEVELOPMENT AND USES
Nonconforming development includes shoreline uses and structures which were lawfully constructed,
established, or created prior to the effective date of the Shoreline Management Act or the Master
Program, or amendments thereto, but which do not conform to present regulations or standards of the
Master Program or policies of the Act. In such cases, the standards of this Chapter shall apply.
Redevelopment or expansion of nonconforming development and uses located within the High Intensity
shoreline environment may occur consistent with the requirement of Appendix C.
9.1 Nonconforming Uses
Nonconforming uses include shoreline uses which were lawfully established prior to the effective date
of the Act or the Master Program, or amendments thereto, but which do not conform to present
regulations or standards of the Master Program or policies of the Act. The continuance of a
nonconforming use is subject to the following standards:
a. Change of ownership, tenancy, or management of a nonconforming use shall not affect its
nonconforming status, provided, that the use does not change or intensify.
b. Additional development of any property on which a nonconforming use exists shall require that
all new uses conform to this Master Program and the Act.
c. If a nonconforming use is converted to a conforming use, no nonconforming use may be
resumed without a shoreline variance.
d. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days, it
shall lose its nonconforming status, and the continued use of the property shall be required to
conform to the provisions of this Master Program and the Act, or obtain a shoreline variance.
A use which is listed as a conditional use but which existed prior to adoption of the Master Program for
which a Conditional Use Permit has not been obtained shall be considered a nonconforming use.
9.2 Nonconforming Structures
1) Nonconforming structures include shoreline structures which were lawfully constructed or placed
prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not
conform to present bulk, height, dimensional, setback, or density requirements. Nonconforming
structures may continue even though the structures fail to conform to the present requirements of the
environmental designation in which they are located. A nonconforming structure may be maintained as
follows:
a. Necessary repairs and alterations that do not increase the degree of nonconformity may be
made to nonconforming structures.
b. A nonconforming building or structure may be repaired and maintained, and replaced as
provided in and as limited by this section and by Appendix C. Any maintenance or repair shall
be within the existing building or structure footprint and shall not increase the degree of
nonconformity.
c. Changes to interior walls or non structural improvements may be made to nonconforming
buildings or structures.
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d. A nonconforming building or structure that is located within the High Intensity shoreline
designation, and that is nonconforming as to the bulk, dimensional and density requirements of
this Master Program, may be added to or enlarged if such addition or enlargement conforms to
the regulations of the zoning district and the shoreline environment designation, provided that
the addition or enlargement is consistent with the standards of Appendix C.
e. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
2) Residential structures shall be deemed “conforming” and not subject to the provisions of this Section
9.2 under the following conditions:
a. the residential structure or appurtenant structure was legally established and used for a
conforming use when established;
b. the residential structure or appurtenant structure is not an over-water structure;
c. the residential structure or appurtenant structure is non-conforming solely because it no longer
meets the current standards for: setbacks, buffers, or yards; area; bulk; height; or density; and
d. redevelopment, expansion, change of occupancy class, or replacement of the residential structure
is consistent with the master program, including requirements for no net loss of shoreline
ecological functions.
For purposes of this provision, "appurtenant structures" means garages, sheds, and other legally
established structures. "Appurtenant structures" does not include bulkheads and other shoreline
modifications or over-water structures. Nothing in this section affects the application of other federal,
state, or local government requirements to residential structures.
9.3 Nonconforming Lots
Undeveloped lots, tracts, parcels or sites located landward of the ordinary high water mark that were
established prior to the effective date of the Act and this Master Program, but that do not conform to
the present lot size or density standards are considered nonconforming lots of record and are legally
buildable subject to the following conditions:
a. All new structures or additions to structures on any nonconforming lot must meet all setback,
height, and other construction requirements of this Master Program, the Act, and the
underlying zoning requirements, and must also comply with the City’s applicable design,
building, and engineering standards.
b. Lot or boundary line adjustments must be reviewed and approved by the City of Port Orchard
Planning Department, so as not to create further nonconformities.
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CHAPTER 10: SHORELINE ENFORCEMENT AND PENALTIES
10.1 Shoreline Enforcement
The choice of enforcement action and the severity of any penalty should be based on the nature of the
violation and the damage or risk to the public or to public resources. The existence or degree of bad
faith of the persons subject to the enforcement action, the benefits that the violator enjoys, and the
cost of obtaining compliance should be considered. The City’s Shoreline Administrator and the City’s
Code Enforcement Officer, or his/her designees, are authorized to enforce the City’s shoreline master
program.
10.2 Penalties
Any person found to have willfully engaged in activities on the City’s shorelines in violation of the
Shoreline Management Act of 1971 or in violation of the City’s Master Program, rules or regulations
adopted pursuant thereto shall be subject to the enforcement and penalty provisions of POMC Chapter
20.02, or as amended hereafter.
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CHAPTER 11:
MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION
11.1 Master Program Review
This Master Program shall be periodically reviewed and adjustments shall be made as are necessary to
reflect changing local circumstances, new information, improved data, and changes in State statutes and
regulations. This review process shall be consistent with WAC 173-26 requirements and shall include a
local citizen involvement effort and public hearings consistent with state and local requirements.
11.2 Amendments to the Shoreline Master Program
Any provisions of this Master Program may be amended as provided for in RCW 90.58.120 and
90.58.200 and WAC 173-26. Amendments or revision to the Master Program, as provided by law, do not
become effective until approved by the Washington State Department of Ecology.
Proposals for changes to shoreline environment designations must demonstrate consistency with the
criteria set forth in WAC 173-22-040
11.3 Severability
If any provisions of this Master Program, or its application to any person or legal entity or parcel of land
or circumstances is held invalid, the remainder of the Master Program, or the application of the
provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected.
11.4 Effective Date
This Master Program shall take effect on ***, 2021 and shall apply to new applications submitted on or
after that date and to incomplete applications submitted prior to that date.
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CHAPTER 12: DEFINITIONS
Accessory Building – A separate building attached to or detached from the principal building and used
for purposes customarily incidental to the use of the principal building. Accessory buildings can include,
but are not limited to: garage, shed, playhouse, cabana, hobby room, etc.
Accessory Dwelling Unit (ADU) – A separate, complete swelling unit attached to or contained within the
structure of the principal dwelling; or contained within a separate structure that is accessory to the
principal dwelling unit on the premises.
Accessory Use – A use on the same lot with, and of a nature customarily incidental and subordinate to,
the principal use.
Accretion – The growth of a beach by the addition of material transported by wind and/or water.
Included are such shoreforms as barrier beaches, points, spits, and hooks.
Act – The Shoreline Management Act of 1971, as amended (RCW Chapter 90.58).
Activity – An occurrence associated with a use; the use of energy toward a specific action or pursuit
including, but not limited to fishing, boating, swimming, shellfish harvest, etc.
Administrator – The Shoreline Administrator is the City of Port Orchard Development Director, or
designee, charged with administering the Shoreline Master Program.
Agriculture - The cultivation of soil, production of crops, and/or raising of livestock.
Agricultural activities – Agricultural uses and practices including, but not limited to: producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land
used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing
land used for agricultural activities to lie dormant as the result of adverse agricultural market conditions;
allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state
or federal conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining,
repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the
shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
Agricultural products – Agricultural products includes, but is not limited to, horticultural, viticultural,
floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, see, and apiary products; feed or
forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock including both the animals themselves and
animal products including, but not limited to, mean, upland finfish, poultry and poultry products, and
dairy products.
Agricultural equipment and agricultural facilities – Includes, but is not limited to:
a) The following used in agricultural operations: Equipment machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance,
and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and
drains.
b) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and
within agricultural lands
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c) Farm residences and associated equipment, lands, and facilities
d) Roadside stands and on-farm markets for marketing fruit or vegetables
Agricultural land – Those specific land areas on which agricultural activities are conducted as of the date
of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography
or other documentation. After the effective date of the master program, land converted to agricultural
use is subject to compliance with the requirements of the master program.
Amendment – A revision, update, addition, deletion and/or reenactment to the Port Orchard SMP.
Anadromous Fish – Species, such as salmon, which are born in fresh water, spend a large part of their
lives in the sea, and return to freshwater rivers and streams to spawn and reproduce.
Approval – An official action by the City of Port Orchard agreeing to submit a proposed SMP or
amendments to the Department of Ecology for review and official action pursuant to the SMA.
Appurtenant Structure or Building – A structure or building that is secondary to or which supports
the use of the principal structure or building on the site, serving a purpose customarily associated
with and incidental to the principal structure. Examples: decks, garages, parking lots and patios.
Aquaculture – The culture and farming of fish, shellfish, or other aquatic plants and animals.
Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock
geoduck fishery or upland finfish.
Aquatic - All water bodies, including marine waters, lakes, rivers, and streams and their respective
water columns and underlying lands, which are defined as shorelines of the state.
Archaeology – The systematic recovery by scientific methods of material evidence remaining from
human life and culture in past ages, and the detailed study of this evidence.
Assessed Value – The value of land and/or improvements as determined by the Kitsap County Assessor.
Associated Wetlands – Those wetlands that are in proximity to and either influence, or are influenced
by tidal waters or a lake or stream subject to the Shoreline Management Act.
Backshore – The shore area wetted by storm tides but normally dry between the coastline and the high
tide line. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes,
meadows, or dunes landward of the high tide line.
Bathymetry, Bathymetrics - The measurement of water depth at various locations in a body of water,
and; the information derived from such measurements.
Beach – The zone of unconsolidated material that is moved by waves, wind and tidal currents, extending
landward to the coastline.
Beach feeding – A process by which beach material is deposited at one or several locations in the updrift
portion of a driftcell. The material is then naturally transported by a wave’s downdrift to stabilized or
restore eroding beaches or berms.
Benthic – Of or having to do with the bottom of oceans or seas.
Berms – A linear mound of sand or gravel that is placed parallel to the shore at or above ordinary high
water mark. It may be a natural or a manmade feature.
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Best Management Practices (BMPs) – BMPs are methods of improving water quality. BMPs encompass
a variety of behavioral, procedural, and structural measures that reduce the amount of contaminants in
stormwater runoff and in receiving waters. The term “best management practices” is typically applied
to nonpoint source pollution controls.
Bioengineering – The practice of using natural vegetative materials to stabilize shorelines and prevent
erosion. This may include use of bundles of stems, root systems, or other living plant material, soft
gabions, fabric, or other soil stabilization techniques, and limited rock toe protection where appropriate.
Bioengineering projects often include fish habitat enhancement measures in project design. The use of
bioengineering is seen as an alternative to riprap, concrete, or other structural solutions.
Biofiltration System – A stormwater or other drainage treatment system that utilizes as a primary
feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically,
biofiltration systems are designed to include grassy swales, retention ponds, and other vegetative
features.
Biota – Animals and plants that live in a particular location or region.
Boat House – A structure designed for storage of vessels located over water or in upland areas. Boat
houses do not include any sort of residential development (i.e. houseboats).
Boat Launch – Graded slopes, slabs, pads, planks or rails used for launching boats by means of a trailer,
hand, or mechanical device.
Boat Lift – A mechanical device that can hoist vessels out of the water for storage, repair, or
maintenance.
Boat Ramp – See “boat launch” above.
Boating Facilities – Boating facilities include marinas, both backshore and foreshore, dry storage and
wet-moorage types, covered moorage, and marine travel lifts.
Boatyard – A service business that builds, repairs or maintains small vessels:
• At least 85 percent of which are 65 feet or less in length; or
• More than 85 percent of the gross receipts come from working on vessels.
Breakwater – A structure, either rigid or floating, constructed offshore to protect beaches, bluffs, dunes
or harbor areas from wave action.
Buffer – A parcel or strip of land that is designed and designated to permanently remain vegetated in an
undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts,
or to provide habitat for wildlife.
Building - Any structure having a roof and walls, used or built for the housing, shelter or enclosure
of persons, animals or property of any kind.
Building Height – The vertical height or distance from the uphill elevation of the lower or either the
existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the
uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement.
Bulkhead – A solid or open pile wall usually constructed parallel to the shore whose primary purpose is
to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are used to
protect marine bluffs by retaining soil at the toe of the slope or by protecting the toe of the bank from
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erosion and undercutting. Bulkheads are typically constructed of concrete, steel or aluminum sheet
piling, wood, or wood and structural steel combinations.
Buoy – A floating device anchored in a waterbody for navigational purposes or moorage. See also
“mooring buoy.”
Campground – An outdoor area established for recreational overnight accommodations.
Channel – An open conduit for water either naturally or artificially created.
Channel Migration Zone – An area in a floodplain where a stream or river channel can be expected to
move naturally over time in response to gravity and topography.
City – The City of Port Orchard, Washington.
Clearing – The destruction or removal of vegetation, ground cover, shrubs and trees including, but not
limited to, root material removal that affects the erosive potential of soils.
Covered Moorage – Boat moorage, with or without walls, that has a roof to protect vessels.
Commercial – Commercial developments are those uses that include wholesale, retail, service,
office or business trade activities. A mixed-use development that contains commercial uses and
residential uses within the same building or buildings shall be regulated as a commercial use
according to the requirements of this Master Plan, including but not limited to setbacks, height
and public access.
Comprehensive Plan – The document, including maps, adopted by the City Council that outlines the
City’s goals and policies relating to the management of growth, and prepared in accordance with RCW
36.70A.
Conditional Use – A use, development, or substantial development which is classified as a conditional
use or a use which is not classified within the Master Program.
Conservancy – An area with valuable natural, cultural, or historical resources.
County – Kitsap County, Washington.
Creek – A small stream, often a shallow or intermittent tributary to a river.
Critical Areas – Aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded
areas and critical drainage corridors, geologically hazardous areas, wetlands and streams.
Cumulative Impacts – The impact on the environment which results from the incremental impact of the
action when added to other past, present, and reasonably foreseeable future actions regardless of what
agency or person undertakes such other actions. Cumulative impacts can result from individually minor
but collectively significant actions taking place over a period of time.
Development – For the purposes of this Master Program, development means a use consisting of
the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal
of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any
project of a permanent or temporary nature which interferes with the normal public use of the
surface of the waters overlying lands subject to this chapter at any state of water level.
Development does not include dismantling or removing structures if no other work is being
performed.
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Dike – An embankment usually placed within or near the edge of a flood plain to protect adjacent
lowlands from flooding.
Dock – A landing and moorage facility for watercraft that abuts the shoreline and does not include
recreational decks, storage facilities, or other appurtenances.
Downdrift – The direction of movement of beach materials.
Dredging – The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake,
inlet, bay, or other water body and associated wetlands.
Drift Cell – A geographic unit along the shore. Each begins at a sediment source along an eroding
shoreline, often at the base of “feeder bluffs.” Sediment is transported within the drift cell by currents
and wind-blown waves, finally being deposited at an accretion shoreform (e.g. spits, sandbars, accretion
beach) marking the end of the drift cell.
Dwelling unit – One or more rooms designed for occupancy by a person or family for living and sleeping
purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use
soley by the dwelling’s occupant; including but not limited to bachelor, efficiency and studio
apartments, modular and manufactured homes.
Dwelling unit – multifamily – A residential structure designed for occupancy by more than one family
household that is built in combination with other residential structures. Each dwelling unit in the
structure is built exclusively for occupancy by a single family with no other uses except accessory
activities. However, a multifamily structure may share one or more common walls and stack units on
multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero
lot line), and include stacked multiplex, garden apartments, and other prototypes.
Ecological Function – Work performed or role played by the physical, chemical, and biological processes
that contribute to the maintenance of the aquatic and terrestrial environments that constitute the
shoreline’s natural ecosystem.
Ecosystem-wide processes – The suite of naturally occurring physical and geologic processes of erosion,
transport, and deposition, an dspecific chemical processes that shape landforms within a specific
shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
Enhancement – An action approved by the Shoreline Administrator and taken with the intention on
probably effect of improving the condition and function of a shoreline area, such as improving
environmental functions in an existing, viable shoreline habitat by means of increasing plant diversity,
increasing wildlife habitat, installing environmentally compatible erosion controls, or removing
nonindigenous or invasive plant or animal species. Enhancement may include alteration of an existing
resource to improve or increase ecological characteristics and processes without degrading other
existing functions. Any fish habitat enhancement project must meet the criteria of one or more actions
included in RCW 77.55.181(1)(a).
Environmental Impacts – The effects or consequences of actions on the natural and built environments.
Erosion – The group of natural processes including weathering, dissolution, abrasion, corrosion, and
transporting by which earth or rocky material is removed from any part of the earth’s surface. Erosion
can be exacerbated by human action, such as earth-moving or clearing activities.
Esplanade – A level stretch of ground, especially a public walk or walkway.
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Estuary – The portion of a shoreline in which marine water is measurably diluted with fresh water from
streams and/or land drainage.
Exaction – The act or process of exacting; extortion; something exacted; especially a fee, reward or
contribution demanded or levied with severity or injustice.
Exemption – Development activity exempt from the requirements of the substantial development
permit process of the SMA. An activity that is exempt from the substantial development provisions of
the SMA must still comply with the policies and standards of the Act, and this Master Program.
Condition use and/or variance permits may also be required even though the activity does not need a
substantial development permit.
Extreme Low Tide – The lowest line of the land reached by a receding tide.
Fair Market Value – The open market bid price of a property and associated improvements. Fair market
value for a proposed development is the open market bid price for conducting the work, using the
equipment and facilities, and purchase of the goods, services, materials, and labor necessary to
accomplish the development. This would normally equate to the cost of hiring a contractor to
undertake the development from start to finish, including the cost of labor, materials, and equipment
and facility usage, transportation and contractor overhead and profit. The fair market value of a
development shall include the fair market value of any donated, contributed, or found labor,
equipment, or materials.
Feasible – An action such as a development project, mitigation, or preservation requirement, that meets
all of the following conditions: a) the action can be accomplished with technologies and methods that
have been used in the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the intended results; b)
the action provides a reasonable likelihood of achieving its intended purpose; and c) the action does not
physically preclude achieving the project’s primary intended legal use.
Feeder Bluff – A bluff or cliff experiencing periodic erosion from waves, sliding or slumping, whose
eroded earth, sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion
shoreform.
Fill – The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an
area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or
creates dry land.
First Class Tidelands – The beds and shores of navigable tidal waters lying within or in front of the
corporate limits of any city, or within one mile thereof, upon either side and between the line of the
ordinary high tide and the inner harbor line, and within two miles of the corporate limits on either side
and between the line of ordinary high tide and the line of extreme low tide.
Fish Habitat Enhancement – see “Enhancement”
Float – A floating structure, not connected to the shoreline, that is moored, anchored, or otherwise
secured in the water. A float may be accessible via a ramp connected to the shore.
Flood Control – Any undertaking for the conveyance, control, and dispersal of floodwaters caused by
abnormally high precipitation or stream overflow.
Floodplain – The one-hundred year flood plain, or land area susceptible to being inundated by stream
derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of
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this area are based on flood regulation ordinance maps or a reasonable method that meets the
objectives of the SMA.
Floodway - the area that has been established in effective federal emergency management agency flood
insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be
expected to be protected from flood waters by flood control devices maintained by or maintained under
license from the federal government, the state, or a political subdivision of the state.
Footprint, Building - The area covered by a building on the ground. For the purposes of this
Master Program, this definition does not include cantilevered portions of a building, or those
portions of a site that have only surface development without walls and a roof (such as a deck or
patio) or development located solely underground (such as a below-ground basement).
Functions and Values – See “Ecological Functions.”
Forest Practices – Any activity conducted on or directly related to forest land and related to growing,
harvesting, or processing timber. These activities include, but are not limited to; road and trail
construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization,
prevention and suppression of disease and insects, salvage of trees, and brush control. Forest practices
that only involve timber cutting are not considered “development” under the Shoreline Management
Act, and do not require shoreline development permits; however, other permits may be required.
Freeboard – For the purposes of this Master Plan, it is the difference between the height of a shoreline
armor structure and the water depth at the ordinary high water mark, measured at the seaward toe of
the structure.
Gabions – Structures composed of masses of rocks, rubble or masonry held tightly together usually by
wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action
or as foundations for breakwaters or jetties.
Geomorphology – The science dealing with the relief features of the earth and the processes influencing
their formation.
Growth Management Act (GMA) – The Washington State Growth Management Act of 1990 and
amended thereto. Codified in RCW 36.70A.
Grading – The movement or redistribution of soil, sand, rock, gravel, sediment or other material on a
site in a manner that alters the natural contour of the land.
Grassy Swale – A vegetated drainage channel that is designed to remove pollutants from stormwater
runoff through biofiltration.
Groin – A barrier-type structure extending from the backshore or streambank into a water body for the
purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water
and/or deposition of materials.
Guidelines – Those standards adopted by the state prior to adoption of master programs. Such
standards shall also provide criteria for local governments and the department in developing and
amending master programs.
Habitat – The place or type of site where a plant or animal naturally or normally lives and grows.
Habitat Enhancement – see “Enhancement”
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Harbor Area – The area of navigable tidal waters as determined in Section 1, Article 15 of the
Washington State Constitution, which shall be forever reserved for landings, wharves, streets, and other
conveniences of navigation and commerce.
Hearing Examiner – The Hearing Examiner of the City of Port Orchard.
Hearings Board – The Shoreline Hearings Board established by the Shoreline Management Act.
Height, Building – See “building height.”
Hook – A spit or narrow cape of sand or gravel which turns landward at the terminal end.
Hydraulic Project Approval (HPA) – The permit issued by the Washington Department of Fish and
Wildlife pursuant to RCW 75.20.100-140.
Hydric Soil – Soil that formed under conditions of saturation, flooding, or ponding long enough during
the growing season to develop anaerobic conditions in the upper soil horizon(s), thereby influencing the
growth of plants.
Industry – The production, processing, manufacturing, or fabrication of goods or materials.
Warehousing and storage of materials is considered part of the industrial process.
Inner Harbor Line – A line located and established in navigable tidal waters between the line of ordinary
high tide and the out harbor line and constituting the inner boundary of the harbor area.
In-kind Replacement – To replace natural or man-made features with features whose characteristics
closely match those which were destroyed, displaced, degraded or removed by an activity.
Intertidal – The vertical zone between the average high and average low tides. The intertidal zone of a
stationary structure or bank is subject to alternate wetting and drying.
Jetty – A structure projecting out into the sea at the mouth of a river for the purpose of protecting a
navigational channel, a harbor, or to influence water currents.
Landfill – The creation of dry upland areas by the deposition of sand, soil, or gravel into a body of water
or wetland.
Levee – A large dike or embankment which is designed as part of a system to protect land from floods.
Littoral Drift – The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone
by waves and currents.
Marina – A facility that provides launching, storage, supplies, moorage, and other accessory services for
six or more pleasure and/or commercial water craft.
Master Program – See “shoreline master program.”
May – Means the action is acceptable, provided it conforms to the provisions of WAC 173-26.
Mitigation – The process of avoiding, reducing, or compensating for environmental impact(s) of a
proposal.
Mixed-Use – A mixed-use development contains a multi-family residential use, and commercial,
public and/or recreational uses within the same building(s).
Moorage – Any device or structure used to secure a vessel for temporary anchorage, but which is not
attached to the vessel (such as a dock or buoy).
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Mooring Buoy – A floating object anchored to the bottom of a water body that provides tie up
capabilities for vessels.
Must – Means a mandate; the action is required.
Navigable Waters – Those waters lying waterward of an below the line of navigability on lakes not
subject to tidal flow, or extreme low tide mark in navigable tidal waters, or the outer harbor line where
harbor area has been created.
Non-conforming Use or Development, Legal – A shoreline use or structure or portion thereof which was
lawfully constructed or established prior to the effective date of the SMA or local Shoreline Master
Program or amendments, but no longer conforms to the policies and regulations of the Master Program.
Non-water-oriented Use – A use which has little or no relationship to the shoreline and is not
considered a priority use under the SMA. All uses which do not meet the definition of water-dependent,
water-related or water-enjoyment are classified as non-water-oriented uses. Examples may include, but
are not limited to professional offices, gas stations, auto dealerships, convenience stores, general retail,
etc.
Normal Maintenance – Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition.
Normal Repair – To restore a development to a state comparable to its original condition within a
reasonable period after decay or partial destruction, except where repair involves total replacement
which is not common practice or causes substantial adverse effects upon the shoreline resource
environment.
Noxious Weed – Any plant that is invasive, and is listed on the state noxious weed list in WAC 16-750.
Offshore – The sloping subtidal area seaward from low tide.
Offshore Moorage Device – An offshore device anchored or otherwise attached to the sea bottom used
to moor watercraft.
Off-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental
resources by creating or restoring these areas on lands other than the site on which the impacts were
located.
OHWM – See Ordinary High Water Mark
On-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental
resources by creating or restoring these areas at or adjacent to the site on which the impacts were
located.
One-hundred Year Flood Elevation – The elevation in feet of the area which has a one percent chance
or greater of being flooded in any given year.
One-Hundred Year Flood Hazard Area – An area which has a one percent chance or greater of being
flooded in any given year.
One-Hundred Year Flood – The maximum flood expected to occur during a one-hundred year period.
Open Space – A land area allowing view, use or passage that is almost entirely unobstructed by
buildings, paved areas, or other manmade structures.
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Ordinary High Water Mark (OHWM) – That mark that will be found by examining the bed and banks
and ascertaining where the presence and action of waters are so common and usual, and so long
continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change
thereafter, or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology; provided that in any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and
the ordinary high water mark adjoining fresh water shall be the line of mean high water.
Outer Harbor Line – A line located and established in navigable waters as provided in Section 1 of Article
15 of the Washington State Constitution, beyond which the State shall never sell or lease any rights
whatsoever.
Over-water Structures – Structures built waterward of the OHWM including, but not limited to, piers,
docks, jetties, dwelling units, and breakwaters.
Permit – A shoreline substantial development permit, variance, or conditional use permit, permit
revision, or any combination thereof.
Person – An individual, partnership, corporation, association, organization, cooperative, public or
municipal corporation, agency of the state, or local government unit, however designated.
Pier – A fixed, pile-supported structure built over the water, used as a landing place for marine transport
or for recreational purposes.
Pocket Beach – An isolated accretion beach bordered by shoreline modifications.
Pollutant – Any substance that has been or may be determined to cause or tend to cause injurious,
corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer
system, or storm drainage system.
Priority Habitat – A habitat type with unique or significant value to one or more species. An area
classified and mapped as priority habitat must have one or more of the following attributes;
• Comparatively high fish or wildlife density
• Comparatively high fish or wildlife species diversity
• Fish spawning habitat
• Important wildlife habitat
• Important fish or wildlife seasonal range
• Important fish or wildlife movement corridor
• Rearing and foraging habitat
• Important marine mammal haul-out
• Refugia habitat
• Limited availability
• High vulnerability to habitat alteration
• Unique of dependent species
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• Shellfish bed
A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of
primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat
may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a
priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine
shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain
priority and/or nonpriority fish and wildlife.
Priority Species – means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet any
of the criteria listed below.
a) Criterion 1. State-listed or state proposed species. State-listed species are those native fish and
wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or
sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be
reviewed by the Department of Fish & Wildlife (POL-M-6001) for possible listing as endangered,
threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of
animals susceptible to significant population declines, within a specific area or statewide, by virtue of
their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine
mammal congregations.
c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative
fish, shellfish, and wildlife species of recreational or commercial importance and recognized species
used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
d) Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened,
or endangered.
Priority Use – The Shoreline Management Act and this Master Program give preference to shoreline
uses that are water-dependent or water-related, provide public access and recreational use of the
shoreline, as well as other uses which provide an opportunity for substantial numbers of people to enjoy
the shoreline and to single-family residences.
Provisions – Policies, regulations, standards, guideline criteria or environment designations.
Public Access – A means of physical approach to and along the shoreline available to the general public.
This may also include visual access. Provision of public access is a non-profit activity.
Public Interest – The interest shared by citizens of the state or community at large in the affairs of
government, or some interest by which their rights or liabilities are affected such as an effect on public
property or on health, safety, or general welfare resulting from a use or development.
Public Use – To be made available daily to the general public on a first-come, first-served basis.
RCW – Revised Code of Washington
Recreational Facilities – Facilities such as parks, trails, pathways, campgrounds, and swim rafts that
provide a means for relaxation, play, or amusement.
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Redevelop, Redevelopment - “Redevelop” or “redevelopment” means the replacement of an
existing structure or part of an existing structure, or demolition of the structure, with
development of a new and/or remodeled structure or structures in its place.
Revetment – A sloped shoreline structure built to protect an existing eroding shoreline or newly placed
fill against currents and wave action. Revetments are most commonly built of randomly placed boulders
(riprap) but may also be built of sand cement bags, paving, or building blocks, gabions, or other systems
and materials.
Riprap – A loose assemblage of broken rock or concrete erected in or near water for protection from
wave and current action.
Rock Weir – A structure made of loose rock that is designed to control sediment movement, water flow,
or both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward from
the shore, with the top of the rock embankment below the water level to restrict current movements
parallel to the shore without completely blocking flow.
SEPA – State Environmental Policy Act
SEPA Checklist – A form, available at the City, which is required of some projects to identify the
probable significant adverse impacts on the environment. The checklist will assist the responsible
official with making a determination of significance or nonsignificance.
Sea Wall – A bulkhead, for the primary purpose of armoring the shore from erosion by waves, which
also may incidentally retain uplands or fills. Sea walls are usually larger than bulkheads because they are
designed to resist the full force of waves.
Setbacks – The distance between buildings or uses and their lot lines as established in the Land Use
Regulatory Code or the Shoreline Master program.
Shorelands – Those lands extending landward for two hundred feet in all directions as measured on a
horizontal plane from the ordinary high water mark, including all wetlands associated with the shoreline
which are subject to the provisions of the Shoreline Management Act and this Master Program, and to
determination by the Department of Ecology.
Shoreline Administrator – The Shoreline Administrator for the City of Port Orchard is the Director
of the Department of Community Development, or his/her designee.
Shoreline Permit – See “Permit.”
Shorelines – All the water areas within the state, including reservoirs, and their associated wetlands,
together with all underlying lands, EXCEPT 1) shorelines of statewide significance; 2) shorelines on
segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or
less, and the associated wetlands; and 3)shorelines on lakes of less than 20 acres in size and their
associated wetlands.
Shorelines of Statewide Significance – Shorelines designated by the Shoreline Management act of 1971.
Sinclair Inlet and adjacent saltwaters lying seaward of the extreme low tide are identified as a Shoreline
of Statewide Significance.
Shorelines Hearings Board – A state-level quasi-judicial body, created by the Shoreline Management
Act, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement
penalty and appeals by local government of DOE approval of master programs, rules, regulations,
guidelines or designations under the SMA.
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Shorelines of the State – The total of all shorelines and shorelines of statewide significance.
Sign – Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or
balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of
advertising, identifying, or promoting the interest of any person, institution, business, event, product,
goods, or services; provided, that the same is visible from any public right-of-way or waterway.
Single-Family Residence – A detached dwelling unit designed for and occupied by one family, including
those buildings, structures and developments within a contiguous ownership which are of a normal
appurtenance (WAC 173-27-040(2)(g)). This definition does not prevent a single-family residence from
containing an accessory dwelling unit provided that the requirements of POMC Title 20 for this use are
met.
SMA – See Shoreline Management Act.
State Environmental Policy Act (SEPA) – SEPA requires state agencies, local governments and other lead
agencies to consider environmental impacts when making most types of permit decisions, especially for
development proposals of a significant scale. As part of the SEPA process, EISs may be required to be
prepared and public comments solicited.
Stream – A body of running water that moves over the land surface in a channel or bed.
Structure – A permanent or temporary edifice or building, or any piece of work artificially built or
composed of parts joined together in some definite manner, whether installed on, above, or below the
surface of the ground or water, except for vessels.
Structure or Building, Principal – The structure or building associated with the principal use of
the property. In some circumstances, such as multi-building commercial or multifamily residential
development, there may be more than one principal structure on a property. This definition shall
not include nonhabitable, accessory structures and buildings such as storage sheds, decks, patios,
greenhouses, swimming pools, and parking lots.
Substantial Development – Any developments of which the total cost or fair market value
exceeds the amount currently established and in effect per WAC 173-27-040(2)(a), or any
development which materially interferes with the normal public use of the water or shorelines of
the state; EXCEPT as specifically exempted pursuant to RCW 90.58.030(3)(e).
Taking – The act of one who takes; something taken, as a catch of fish; informal receipts, especially of
money; a government action assuming ownership of real property by eminent domain.
Upland – The area above and landward of the ordinary high water mark.
Use – The purpose or activity for which the land, or building thereon, is designed, arranged or intended,
or for which it is occupied or maintained and shall include any manner of performance or operation of
such activity with respect to the provision of this title. The definition of “use” also includes the
definition of “development.”
Utility – A service or facility that produces, transmits, stores, processes, or disposes of electrical power,
gas, water, sewage, communications, oil, and the like. Utilities have been categorized as principal,
accessory, and personal wireless facilities.
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a) Principal utilities are services and facilities that produce, transmit, carry, store, process or
dispose of power gas, water, sewage, communications (except wireless facilities), oil and the
like.
b) Accessory utilities are small-scale distribution services directly serving a permitted shoreline
use.
c) Personal wireless facilities include any unstaffed facility for the transmission and/or reception
of personal wireless services. This can consist of an equipment shed or cabinet, a support
structure, or an existing structure to achieve the necessary elevation, and the antenna or
antenna array.
Variance – To grant relief from specific bulk, dimensional or performance standards set forth in the
applicable master program and not a means to vary a use of a shoreline.
Vegetation Removal – The removal or alteration of trees, shrubs, and/or ground cover by clearing,
grading, cutting, burning, chemical means, or other activity that causes impacts to functions provided by
such vegetation. The removal of invasive or noxious weeks does not constitute significant vegetation
removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does
not constitute significant vegetation removal.
Vessel – Means ships, boats, barges or any other floating craft that are designed for navigation in order
to transport people or goods over water, are used for or capable of being used for navigation, and do
not interfere with the normal public use of the water. A vessel is considered capable of being used for
navigation even if it is not used for navigation due to actions or inactions of the vessel owner(s) or due
to conditions affecting the use of the vessel for navigation, which include, but are not limited to, broken
engines, lack of an engine, hull damage, physical modifications, or missing sails. Vessel also means
historic ships that do not have means of self-propulsion and steering equipment.
Water-dependent Use – A use which cannot exist in any other location than on the water and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water-
dependent uses may include, but are not limited to:
1) Public or private terminal/transfer facilities
2) Ferry terminals
3) Ship construction and repair facilities
4) Marinas and boat moorages
5) Tug and barge companies
6) Water transport dependent industries (e.g. pulp and lumber mills)
7) Fish processing plants requiring water transport
8) Float plane facilities
9) Aquaculture
10) Sewer outfalls
Water-enjoyment Use – A use providing passive and active recreation for a large number of people
along shorelines. Through location, design, and operation, the use also provides the ability for the
public to interact with the shoreline. To qualify as a water enjoyment use, the use much be open to the
public with most, if not all, of the shoreline devoted to fostering human interaction with the shoreline.
Water enjoyment uses include, but are not limited to:
1) Public waterfront parks
2) Public Beaches
3) Aquariums
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4) Public restaurants
5) Resorts and convention centers with facilities open to the public
6) Retail and mixed commercial developments designed to enhance a waterfront location
through expanse of views, amenities oriented to pedestrians, and other aesthetic design
features.
Water-oriented Use – Any one or a combination of water dependent, water related, or water
enjoyment uses.
Water-related Use – A use or a portion of a use which is not intrinsically dependent on a waterfront
location but whose operation cannot occur economically without a waterfront location. Water-related
uses include, but are not limited to:
1) Warehousing of goods transported by water
2) Seafood processing plants
3) Gravel storage when transported by barge
4) Log storage
Wetlands or Wetland Areas – Areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support , and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate the conversion of wetlands; and (11). The
definition set forth in Chapter 90.58 shall also apply as used herein.
Wireless Facilities – See “Utilities.”
DRAFT: REDLINE STRIKEOUT/UNDERLINE REVISIONS
SHORELINE MASTER PROGRAM 202113
CITY OF PORT ORCHARD
CITY OF PORT ORCHARD
REVISED JANUARY 2021MARCH 2013 REVISED
FEBRUARY 2018
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ACKNOWLEDGEMENTS
MAYOR
Tim Matthes
CITY COUNCIL
Fred Chang
Jerry Childs
John Clauson
Jim Colebank
Cindy Lucarelli
Carolyn Powers
Rob Putaansuu
PLANNING COMMISSION
Robert Baglio
Stephanie Bailey
Dee Coppola
Tim Drury
Gil Michael
Ron Rice
Annette Stewart
Rick Wyatt
SHORELINE CITIZEN ADVISORY COMMITTEE
Tim Matthes
Stephanie Bailey
Michelle Marshall
Beth Cottrell
Jeff White
Craig Baldwin
Mike Suldan
Heather Cole
Paul Fritts
PORT ORCHARD PLANNING DEPARTMENT
James Weaver, AICP, Development Director
Jennifer Haro, Special Projects Planner – SMP Project Manager
Thomas Bonsell, Associate Planner
Stephanie Andrews, Assistant Planner – SMP GIS Mapping
Ellen Ferguson – Administrative Assistant
Kathy Woodside – Code Enforcement Officer
John Robinson – Building Inspector
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DEPARTMENT OF ECOLOGY
Barbara Nightingale, Regional Shoreline Planner
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TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION………………………………………………………………………6
1.1 Requirements of the Shoreline Management Act
1.2 Purpose and Intent of the Shoreline Master Program
1.3 Authority
1.4 Public Trust Doctrine
1.5 Governing Principles and Legislative Findings
1.6 References to Plans, Regulations, or Information Sources
1.7 Severability
1.8 Periodic Review and Effective Date
CHAPTER 2: SCOPE AND SHORELINE JURISDICTION……………………………………….14
2.1 Applicability
2.2 Port Orchard Shoreline Jurisdiction
2.3 Relationship to Other Plans and Regulations
CHAPTER 3: SHORELINE INVENTORY SUMMARY…………………………………………….18
3.1 Introduction
3.2 Study Area
3.3 Summary of Findings
CHAPTER 4 SHORELINE ENVIRONMENTS……………………………………………………..22
4.1 Applicability
4.2 Official Shoreline Map
4.3 High-Intensity Environment
4.4 Shoreline Residential Environment
4.5 Urban Conservancy Environment
4.6 Natural Environment
4.7 Aquatic Environment
CHAPTER 5 MASTER PROGRAM ELEMENTS GOALS AND POLICIES…………………....28
5.1 Introduction
5.2 Economic Development
5.3 Public Access
5.4 Recreation
5.5 Transportation
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5.6 Shoreline Use
5.7 Conservation
5.8 Historic, Cultural, Scientific, and Educational
5.9 Flood Hazard ReductionControl
5.10 Climate Change and Sea Level Rise
CHAPTER 6 GENERAL POLICIES AND REGULATIONS………………………………………30
6.1 Applicability
6.2 Archaeological, Historic & Cultural Resources
6.3 Critical Areas
a. Wetlands
b. Geologically Hazardous Areas
c. Critical Saltwater Habitat
d. Critical Freshwater Habitat
6.4 Flood Hazard Reduction
6.5 Public Access
6.6 Shoreline Vegetation Conservation
6.66.7 Climate Change and Sea Level Rise
CHAPTER 7 SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS……41
7.1 Shoreline Uses
7.2 Shoreline Development Matrix
7.3 Agriculture
7.4 Aquaculture
7.5 Boat Ramps and Launches
7.6 Commercial Development
7.7 Flood Control Works and Instream Structures
7.8 Industrial and Port Development
7.9 Marinas
7.10 Moorage; Docks, Piers, and Mooring Buoys
7.107.11 Parking
7.117.12 Recreation
7.127.13 Residential Development
7.137.14 Shoreline Stabilization and Bulkheads
7.147.15 Signs
7.157.16 Transportation Facilities
7.167.17 Utilities
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CHAPTER 8 SHORELINE ADMINISTRATION AND PERMIT PROCEDURES………………63
8.1 Shoreline Administrator
8.2 Hearing Examiner
8.34 Shoreline Exemptions
8.45 Multiple Permits Required
Administrative Shoreline Substantial Development Permits
8.56 Shoreline Substantial Development Permits
8.67 Shoreline Conditional Use Permits
8.78 Shoreline Variances
8.9 Table of Permits and Procedures
8.10 Public Notice
8.11 Public Hearings
8.12 SEPA Review
8.813 Appeals
CHAPTER 9 NONCONFORMINGEXISTING DEVELOPMENT AND
USES………………………………………….73
9.1 NonconformingExisting Development
9.2 NonconformingExisting Uses
9.3 NonconfomingExisting Structures
9.4 NonconformingExisting Lots
CHAPTER 10 SHORELINE ENFORCEMENT AND PENALTIES…………………………….….75
10.1 Shoreline Enforcement
10.2 Penalties
10.3 Violations – Subsequent Development & Permits
10.4 Public & Private Redress
CHAPTER 11 MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION……………77
11.1 Master Program Review
11.2 Amendments to Shoreline Master Program
11.3 Severability
11.4 Effective Date
CHAPTER 12 DEFINITIONS…………………………………………………………………………79
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REFERENCES
APPENDICES
Appendix A – Official Shoreline Maps
A1: Official Port Orchard Shoreline Map
A2: Shoreline Environmental Designation Maps
Appendix B – Critical Areas Ordinance (relevant portions of POMC)
Appendix B-C - Restoration Plan
Appendix D - Adoption Resolution
Appendix CE - Mitigation and Restoration for Redevelopment Activities in the
High Intensity Shoreline Environment Designation
ATTACHMENTS
1. Public Participation Plan
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CHAPTER 1: INTRODUCTION
1.1 Requirements of the Shoreline Management Act
Washington’s Shoreline Management Act (SMA) (Chapter 90.58 RCW, the Shoreline Management Act of
1971) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The Act
was created in response to a growing concern among residents of the state that serious and permanent
damage was being to shorelines by unplanned and uncoordinated development. The goal of the Act
was “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s
shorelines.” While protecting shoreline resources by regulating development, the Act is also intended to
provide for appropriate shoreline growth by encouraging land uses that enhance and conserve shoreline
function and values.
The State shoreline guidelines (WAC 173-26), updated and adopted in 2003, emphasize the protection
and restoration of shoreline natural resources, and give specific guidance to local jurisdictions The
guidelines refer to the protection of shoreline ecological processes (such as hydrology and sediment
transport) and shoreline ecological functions (provided by water quality, vegetation, and habitat). A
major concept in the protection of ecological functions is termed “no net loss.”
The Washington Shoreline Management Act (SMA) has three broad policies:
• Promote preferred shoreline uses: “uses shall be preferred which are consistent with
control of pollution and prevention of damage to the natural environment, or are
unique to or dependent upon use of the state’s shorelines…”
• Promote public access: “the public’s opportunity to enjoy the physical and aesthetic
qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible consistent with the overall best interest of the state and the people generally.”
• Protect shoreline natural resources: This includes “…the land and its vegetation and
wildlife, and the water of the state and their aquatic life…”
In establishing preferred uses of the state’s shorelines, the SMA defines “water-dependent,” “water-
related,” and water-enjoyment” uses. These terms are officially defined in Chapter 13 of the SMP.
General descriptions and example are included below.
• Water-dependent use means a use that requires direct access to the water to
accomplish its primary function. It is a use, or a portion of a use, which cannot exist in a
location that is not adjacent to the water and which is dependent on the water by
reason of the intrinsic nature of the operation. Example: marina, ferry terminal, boat
launch.
• Water-related use means a uses that does not require direct access to the water, but
provides goods or services associated with water dependent uses. A uses or portion of a
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use which is not intrinsically dependent on a waterfront location but whose economic
viability is dependent upon a waterfront location. Example: boat repair, kayak rentals.
• Water-enjoyment use means a use that does not require access to the water, but is
enhanced by a waterfront location. This includes uses that facilitate public access to the
shoreline as a primary characteristic of the use; or uses that provide for recreational use
or aesthetic enjoyment of the shoreline for a substantial number of people. The use
must be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
Example: Restaurants, parks.
• Water-oriented use means a use that is water-dependent, water-related, or water-
enjoyment, or a combination of such uses.
1.2 Purpose and Intent of the Shoreline Master Program
The primary purpose of the Act is to provide for the management and protection of the State’s shoreline
resources by planning for reasonable and appropriate uses. The law provides a two-tier planning and
regulatory program by the state and local government. By law, the City is responsible for the following:
• Preparation of a Master Program in accordance with the policies and requirements
of the Act and the State Shoreline Guidelines (WAC 173-26).
• Development of a permit system in accordance with the requirements of the Act.
Further, the purposes of this Master Program are;
• To carry out the responsibilities imposed on the City of Port Orchard by the Washington State
Shoreline Management Act (RCW 90.58).
• To promote uses and development of the Port Orchard shoreline consistent with the City of Port
Orchard Comprehensive Plan while protecting and restoring environmental resources.
• To promote the public health, safety, and general welfare by providing a guide and regulation
for the future development of the shoreline resources of the City of Port Orchard.
1.3 Authority
Authority for enactment and administration of the Shoreline Master Program is the Shoreline
Management Act of 1971, RCW 90.58, Washington’s Shoreline Management Act, RCW 90.58, was
adopted in 1972. The purpose of the Act is to “prevent the inherent harm in an uncoordinated and
piecemeal development of the state’s shorelines.” It has three broad policies: encourage water-
dependent uses on the shoreline; protect shoreline natural resources; and, promote public access.
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The Act establishes the concepts of preferred uses and priority uses in shoreline areas. RCW 90.58.020
indicates that preferred" uses are those “which are consistent with control of pollution and prevention
of damage to the natural environment, or are unique to or dependent upon use of the state’s
shorelines.” This section further states that priority uses include single family residences, ports,
shoreline recreational uses, water dependent industrial and commercial developments and other
developments that provide opportunities for the public to access the shoreline environment. To the
maximum extent possible, the shorelines should be reserved for "water-oriented" uses, including
"water-dependent", "water-related" and "water-enjoyment" uses, as defined in the Act.
The overarching policy is that “the public’s opportunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the
overall best interest of the state and the people generally.
RCW 90.58.020 and .100 provide goal and policy direction for the SMP, including:
• Protect the natural character and the resources and ecology of the shoreline;
• Increase public access and recreational opportunities;
• Mitigate and restore for habitat impacts to ensure no net loss of habitat function;
• Maintain the public right of navigation;
• Prioritize water-dependent and single-family residential uses and development;
• Coordinate shoreline management with other relevant local, state and federal regulations;
• Prevent and minimize flood damage;
• Protect private property rights;
• Protect and restore sites with historic, cultural or educational value.
1.4 Public Trust Doctrine
The Shoreline Management Act also implements the common law Public Trust Doctrine. The Public Trust
Doctrine is a legal principle derived from English Common Law. The essence of the doctrine is that the
waters of the state are a public resource owned by and available to all citizens equally for the purposes
of navigation, conducting commerce, fishing, recreation and similar uses and that this trust remains
relevant even when the underlying land is in private ownership. The doctrine limits public and private
use of tidelands and other shorelands to protect the public's right to use the waters of the state. The
Public Trust Doctrine does not allow the public to trespass over privately owned uplands to access the
tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water
mark.
1.5 Governing Principles and Legislative Findings
In the Shoreline Management Act of 1971, RCW 90.58.020, the legislature found the following:
“The legislature finds that the shorelines of the state are among the most valuable and fragile of its
natural resources and that there is great concern throughout the state relating to their utilization,
protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional
uses are being placed on the shoreline necessitating increased coordination in the management and
development of the shorelines of the state. The legislature further finds that much of the shorelines of
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the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on
the privately owned or publicly owned shorelines of the state is not in the best public interest; and
therefore, coordinated planning is necessary in order to protect the public interest associated with the
shorelines of the state while, at the same time, recognizing and protecting private property rights
consistent with the public interest. There is, therefore, a clear and urgent demand for a planned,
rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the
inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by planning for
and fostering all reasonable and appropriate uses. This policy is designed to insure the development of
these shorelines in a manner which, while allowing for limited reduction of rights of the public in
navigable waters, will promote and enhance the public interest. This policy contemplates protecting
against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of
the state and their aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the management of
shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide
significance, and local government, in developing master programs for shorelines of statewide
significance, shall give preference to uses in the following order of preference which:
1) Recognize and protect the statewide interest over local interest;
2) Preserve the natural character of the shoreline;
3) Result in long term over short term benefit;
4) Protect the resources and ecology of the shoreline;
5) Increase public access to publicly owned areas of the shorelines;
6) Increase recreational opportunities for the public in the shoreline;
7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities
of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the
overall best interest of the state and the people generally. To this end uses shall be preferred which are
consistent with control of pollution and prevention of damage to the natural environment, or are unique
to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines
of the state, in those limited instances when authorized, shall be given priority for single family
residences and their appurtenant structures, ports, shoreline recreation uses including but not limited to
parks, marinas, piers, and other improvements facilitating public access to shorelines of the state,
industrial and commercial developments which are particularly dependent on their location on or use of
the shorelines of the state and other development that will provide an opportunity for substantial
numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the
shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands
of the state shall be appropriately classified and these classifications shall be revised when circumstances
warrant regardless of whether the change in circumstances occurs through man-made causes or natural
causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of
the state no longer meeting the definition of “shorelines of the state” shall not be subject to the
provisions of chapter 90.58 RCW.
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Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize,
insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any
interference with the public’s use of the water.
1.6 References to Plans, Regulations, or Information Sources
While the Shoreline Master Program is designed to be a stand-alone document, many other documents
were referenced in the creation of this document.
A. 1973 Shoreline Master Program (Amended in 1994). This SMP was originally adopted as Kitsap
County’s shoreline document. Port Orchard adopted it by reference. Changes were made in 1992, and
again in 1994 that made it more specific to Port Orchard’s shoreline.
B. Critical Areas Ordinance. Chapter 20.162 of the Port Orchard Municipal Code, Critical Areas
Regulations (Ordinance 019-17, adopted June 23, 2017.)The City of Port Orchard POMC 18 (Ordinance
030-09, adopted December 8, 2009) provides rules, setbacks, mitigation and other regulations for
geologically hazardous areas, wetlands, streams, etc. For regulatory purposes, Chapter 20.162 applies
to critical areas within the shoreline jurisdiction, Shorelines were addressed in this update, but this
Master Program overrides the regulations in Chapter 20.162 within the shoreline jurisdiction if any
conflict between the critical areas ordinance and the Master Program shall occur.
C. 20162008 Comprehensive Plan. The 201608 Comprehensive Plan, (Ordinance 014-1642-08,
adopted June 22, 2016December 9, 2008) lays out a vision for the future of the City, including land use,
housingzoning, and parks needs.
D. Blackjack Creek Watershed Assessment and Protection and Restoration Plan (December 29,
2017)Comprehensive Management Plan, 1987. The Blackjack Creek planComprehensive Management
Plan includes watershed assessment findings, a set of strategies for addressing degraded watershed
processes, and recommended actions for the protection and restoration of ecological processes and
habitats.lays out a vision for the management and conservation of the Blackjack Creek corridor, and was
utilized heavily in the creation of the Inventory and Characterization, which was part of the Shoreline
Master Program update.
1.7 Severability
The Act and this Program, as adopted and amended, comprise the basic state and municipal law
regulating use of shorelines in Port Orchard. In the event provisions of the Program conflict with other
applicable city policies or regulations, the more restrictive shall apply. Should any section or provision of
this Program be declared invalid, such decision shall not affect the validity of the Program as a whole
1.8 Periodic Review and Effective Date
The most recent comprehensive update to this Program was approved by the Department of Ecology in
March 2013. Subsequent City-initiated minor revisions were approved by Ecology in February 2018.
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In accordance with the requirements of RCW 90.58.080, each local jurisdiction is required to review,
and, if necessary, revise their Shoreline Master Program at least once every eight years. The purpose of
the periodic review is to ensure that Program complies with applicable law and guidelines in effect at
the time of the review, and to ensure that the Program is consistent with the local government's
comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable,
and other local requirements. The periodic review process also the method for bringing shoreline
master programs into compliance with the requirements of the act that have been added or changed
since the last review.
The City of Port Orchard was required to complete its periodic review by June 30, 2021. This Program
and all amendments thereto shall become effective fourteen (14) days after written notice of final
action is issued by the Department of Ecology. The revisions adopted by the City in response to the
periodic review requirement were approved by Ecology and are effective on **, 2021.
This Program and all amendments thereto shall become effective immediately upon final approval and
adoption by the Department of Ecology. Ecology approval was effective March 28, 2013.
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CHAPTER 2: SCOPE AND SHORELINE JURISDICTION
2.1 Applicability
Concepts and terms related to the City’s shoreline jurisdiction are specific to those described in RCW
90.58.030, WAC 173-26-020, WAC 173-27-030, and WAC 173-22-030.
Under the SMA, the shoreline jurisdiction includes all water areas of the state, the lands underlying
them, and areas that are 200 feet landward of the ordinary high water mark (OHWM) of waters that
have been designated as “shorelines of statewide significance” or “shorelines of the state.” These
designations we established in 1971, and are described in RCW 90.58.030. Generally, “shorelines of
statewide significance” include portions of Puget Sound and other marine waterbodies, rivers west of
the Cascade Mountains that have a mean annual flow of 1,000 cubic feet per second (cfs) or greater,
rivers east of the Cascade Range that have a mean annual flow of 200 cfs or greater, and freshwater
lakes with a surface area of 1,000 acres or more. “Shorelines of the state” are generally described as all
marine shorelines and shorelines of all streams or rivers having a mean annual flow of 20 cfs or greater
and lakes with a surface area greater than 20 acres.
The City of Port Orchard and its associated urban growth area (UGA) contains marine shoreline, one
stream, and two lakes that meet the criteria for shoreline jurisdiction.
Any person or party wishing to undertake activities constituting “development” (defined in Chapter 123)
within the shoreline jurisdiction must conform to the Shoreline Management Act and this Master
Program. All uses, even those not meeting the definition of development, are subject to the provisions
and development regulations of this SMP, even if a permit is not required.
This Master Program shall apply to every individual , firm, partnership, association, organization,
corporation, local, state or federal governmental agency, public or municipal corporation, or any other
entity which develops, owns, leases, or administers lands, wetlands or waters that fall under the
jurisdiction of the Shoreline Management Act.
The City shall regulate development within the shoreline jurisdiction under its general authority to
regulate for the general health, safety, and welfare and its specific authority under the SMA. All uses
within shoreline jurisdiction must be consistent with the policies and regulations of the Port Orchard
SMP regardless of whether they require development or not. Furthermore, Shoreline Conditional Use
and/or variance permits may still be required, even if a development activity is exempt from a shoreline
substantial development permit. An exemption from a Shoreline Substantial Development Permit does
not constitute an exemption from the policies and regulations of the Shoreline Management Act, this
Master Program, or any other applicable city, state, or federal permit requirements.
WAC 173-27-140(1): No authorization to undertake use or development on shorelines of the
state shall be granted by local government unless upon review the use or development is
determined to be consistent with the policy and provisions of the Shoreline Management Act and
the Master Program.
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2.2 Port Orchard Shoreline Jurisdiction
Shorelines within the city of Port Orchard include those portions of Puget Sound lying within the city
limits and all lands extending landward 200 feet in all directions as measured on a horizontal plane from
the ordinary high water mark together with any associated wetlands, river deltas, and floodways
associated with tidal waters that are subject to the provision of this chapter and whose locations have
been designated by the Department of Ecology. However, the Shoreline Management Act does not
apply to lands under exclusive federal jurisdiction.
The City also contains shorelines of statewide significance (SSWS). These SSWS are the marine
shorelines from extreme low tide to the middle of Sinclair Inlet, which are adjacent to unincorporated
Kitsap County and the City of Bremerton limits. In accordance with the State Shoreline Management
Act, the uses of SSWS are in the following order of preference:
1) Recognize and protect the statewide interest over local interest;
2) Preserve the natural character of the shoreline;
3) Result in long term over short-term benefit;
4) Protect the resources and ecology of the shoreline;
5) Increase public access to publicly owned areas of the shorelines;
6) Increase recreational opportunities for the public in the shoreline;
7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Additionally, Port Orchard shorelines also include Washington Department of Natural Resources Harbor
Areas that are reserved for cCommerce and nNavigation.
In addition to the marine shorelines described above, the City contains one creek, Blackjack Creek,
which meets the threshold of a shoreline of the state. According to information provided by the Kitsap
Public Utilities District, which has a stream flow gauge in Blackjack Creek just downstream of the
confluence of Ruby Creek, the average discharge for the years 2006 to 2009 was 18 cfs. To make an
even breaking point for shoreline jurisdiction the confluence with the unnamed stream that merges
underneath State Route 16 was selected as the end of shoreline jurisdiction for Blackjack Creek. The
estuarine portion of Ross Creek is also a regulated shoreline of the state.
Due to recent annexations, Tthe City also has portions of two lakes that qualify as shorelines of the
state. Big Lake, in the extreme southwest portion of the City, is approximately 22 acres, with four of
those acres within City limits. Square Lake is approximately 30 acres, with ten acres within city limits.
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Associated wetlands, deltas and floodways that are included in the shoreline jurisdiction are those that
influence or are influenced by the regulated waters of Puget Sound. In general, a wetland is
“associated” if all or a portion of the wetland falls within that area that is 200 feet from the OHWM. A
wetland outside of this area may also be associated if it is in proximity to the shoreline and there is a
demonstrated influence between the wetland and the shoreline. Such influence can include hydraulic
continuity, such as surface or groundwater connection.
Figure 2.1 – City of Port Orchard Shoreline Jurisdiction
2.3 Relationship to Other Plans and Regulations
Uses and developments regulated by this Program may also be subject to other provisions of the Port
Orchard Municipal Code (POMC), the City of Port Orchard Comprehensive Plan, the Washington State
Environmental Policy Act (SEPA – RCW 41.21C and WAC 197-11), and other local, state and federal laws.
Project proponents are responsible for complying with all applicable laws prior to commencing any use,
development or activity. Where this Program makes reference to any RCW, WAC, or other state or
federal law or regulation, the most recent amendment or current edition shall apply. In the event this
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Program conflicts with other applicable County policies or regulations, all regulations shall apply and
unless otherwise state, the more restrictive provisions shall apply.
The Port Orchard SMP refers to the City’s Comprehensive Plan, Zoning Code, Critical Areas Ordinance
and other development plans and ordinances for which the SMP has relevance. Development within
shoreline jurisdiction must also comply with zoning requirements, any special overlay districts, and the
view protection overlay district as outlined in POMC Title 20. In case of conflict between the land use
regulatory requirements and the SMP, the stricter requirement applies.
POMC Title 20 contains regulations for critical areas within the City, including shorelines. Once the
Shoreline Master Program is adopted, the City’s critical areas regulations will no longer apply to
property located within the jurisdiction governed by this program.
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CHAPTER 3: SHORELINE INVENTORY SUMMARY
3.1 Introduction
The City of Port Orchard completed its Shoreline Inventory and Characterization Report in July of 2010.
The purpose was to describe existing conditions along the Port Orchard shoreline to allow development
of goals, policies, and regulations for the Shoreline Master Program. That document, and reference
documents included in the Appendix, provide a comprehensive analysis of ecological health and the
built environment along Port Orchard’s shorelines, and serves as a baseline for measuring no net loss of
shoreline ecological functions.
The following are the documents that contain the most information about Port Orchard’s shorelines and
were relied upon to prepare the Inventory and Characterization Report.
• City of Port Orchard Comprehensive Plan (City of Port Orchard, 2008)
• East Kitsap County Nearshore Habitat Assessment and Restoration Prioritization Framework
Batelle Marine Sciences Laboratory, 2009)
• City of Port Orchard Shoreline Resource Analysis and Inventory (Applied Environmental Sciences,
2003)
• Blackjack Creek Comprehensive Management Plan for the City of Port Orchard (FishPro, 1989)
Additionally, a list of other data sources are cited in Appendix F of the Shoreline Inventory and
Characterization Report, which is available online at www.cityofportorchard.us or at the Department of
Community DevelopmentCity Hall.
3.2 Study Area
According to the Shoreline Management Act, found in WAC 173-26, and RCW 90.58, local jurisdictions
must create a Shoreline Master Program (SMP) for any “shoreline of the state.” These shorelines are
generally described as all marine shorelines and shorelines of all other streams or rivers having a mean
annual flow of 20 cfs (cubic feet per second) or greater and lakes with a surface area greater than 20
acres.
Within City limits, there are just over three miles of Puget Sound shoreline, over two miles of Blackjack
Creek shoreline, and portions of Big Lake and Square Lake, which are over 20 acres. Additionally, in the
Urban Growth Area (UGA), there are nearly three miles of Puget Sound shoreline, portions of Blackjack
Creek, and a portion of the west side of Big Lake.
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3.3 Summary of Findings
3.3.1 Sinclair Inlet Shoreline
In the Inventory and Characterization document, the Sinclair Inlet shoreline was broken into eight
segments. Segments 1 through 7 were within City limits, and Segment 8 was the UGA portion of the
shoreline.
The Sinclair Inlet shoreline is highly urbanized and physically altered, with approximately 89 percent of
the shoreline being armored. There are also State highways, City Streets, and County roads along the
entire length of the shoreline, with bridges or culverts constraining the streams that run to the Inlet.
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Much of the road bed areas, and most development waterward of the roads were built on fill and are
protected by various types of shoreline armoring. Native vegetation has been removed from much of
the Sinclair Inlet shoreline as well.
Despite the altered state of the Sinclair Inlet shoreline, it is home to bald eagle perches, blue herons,
and other shoreline birds. In addition, Sinclair Inlet has been designated as a nearshore refugia that
includes portions of the shoreline. The refugia provides migration, foraging and rearing habitat for
multiple salmonid species and other marine wildlife. The nearshore conditions also provide suitable
spawning habitat for surf smelt and Pacific sand lance.
3.3.2 Blackjack Creek Shoreline
Unlike the Sinclair Inlet shoreline, the majority of the Blackjack Creek shoreline is relatively intact. The
mouth of the Creek, which is also covered in Segment 7 of the Inventory and Characterization report,
has been highly altered with shoreline armoring, paving, and channelization. However, just upstream,
the Blackjack Creek corridor becomes nearly a wilderness area, with natural vegetation, wildlife
corridors, and a healthy salmon stream.
In the Inventory and Characterization, Blackjack Creek was broken up into four segments, along lines
determined in the Blackjack Creek Comprehensive Management Plan. Segment S1 is the most
urbanized and altered from its natural state.
Blackjack Creek contains important habitat for several salmonid species. Fish use in the creek includes
large numbers of early chum salmon, including an early-returning stock that the Washington State
Department of Fish and Wildlife considers to be rare. In addition, the creek supports significant
numbers of late returning chum, coho salmon, and steelhead, searun cutthroat trout, and resident
cutthroat. There has also been documented use of Blackjack Creek by fall Chinook salmon.
The topography of the Blackjack Creek ravine has been a major factor in protecting the vegetation and
resources of the Creek. It is extremely steep for the majority of the regulated area, and although it had
been logged in the past, it has remained relatively untouched for several decades.
3.3.3 Lakes Shorelines
Due to the annexation of McCormick Woods, the City gained parts of two lakes that are big enough to
qualify as a shoreline of the state, and must be included in the SMP. Square and Big Lakes are both less
than 30 acres, and both share shoreline jurisdiction with Kitsap County. Neither of them are located
entirely in the City.
3.3.3.1 Square Lake
Approximately ten acres of Square Lake are located within the City of Port Orchard. The other twenty
are entirely within Kitsap County jurisdiction, and are not within the UGA. There is just one property
owner in the City within Square Lake jurisdiction, and the property is undeveloped. The area around
Square Lake had been historically logged, but mature forests are present , and lack of human activity
(there are only two houses that touch the lake, and the rest is State Park), allow for high vegetation
function.
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3.3.3.2 Big Lake
Big Lake (also known as Big Pond) lies in a shallow depression west of the McCormick Woods housing
development. The lake is very shallow, and is long and narrow, heading from the northeast to the
southwest, and lies within City limits for four of its 22 acres. The remaining area lies within the South
Kitsap UGA and unincorporated Kitsap County. There are two property owners within City shoreline
jurisdiction, one of them being the McCormick Woods Homeowners Association, which maintains trails
near the lake and its associated wetlands.
Big Lake is inaccessible by car or public transportation, and public access is limited to bikes and walkers
who are homeowners (or guests of homeowners) in the McCormick Woods housing development.
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CHAPTER 4: SHORELINE ENVIRONMENTS
Shoreline environment designations are required by WAC 173-26-211, and are intended to serve as a
tool for applying the statewide policies to local shorelines. Environment designations are assigned to
reflect the type of development that has taken place over time, as well as development, or the lack of it,
that should take place in the future in order to preserve ecological function.
4.1 Applicability
The City of Port Orchard classification system consists of five shoreline environments that are contained
in the recommended classification system identified in WAC 173-26-211(5). The State’s Shoreline
Master Program Guidelines describe the purpose of environment designations in WAC 173-26-191(1(d)).
Shoreline management must address a wide range of physical conditions and development settings
along shoreline areas. Effective shoreline management requires that the Shoreline Master Program
prescribe different sets of environmental protection measures, allowable use provisions, and
development regulations for each shoreline segment. Assigning shoreline designations, each with
different policies and regulatory measures, provides a regulatory framework for environmental
protection and development depending on the development and resources present in specific areas.
The Port Orchard classification system consists of five shoreline environment designations consistent
with the SMA (RCW 90.58), the Shoreline Master Program Guidelines (WAC 173-26), and the City of Port
Orchard Comprehensive Plan. The five shoreline environments are:
• High-Intensity
• Shoreline Residential
• Urban Conservancy
• Natural
• Aquatic
4.2 Official Shoreline Map
The official Shoreline Environment Designation maps can be found in Appendix A. Pursuant to RCW
90.58.040, the maps illustrate the shoreline environment designations that apply to all shorelines of the
state within the City of Port Orchard’s jurisdiction. The lateral extent of the shoreline jurisdiction shall
be determined for specific cases or development proposals based on the location of the ordinary high
water mark (OHWM), floodway, and the presence of associated wetlands. In the event of a mapping
error, the City will rely upon the boundary descriptions and the criteria in the sections below.
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4.3 High-Intensity Environment
4.3.1 Purpose
The purpose of the "high-intensity" environment is to provide for high-intensity water-oriented
commercial, mixed-use, transportation, and industrial uses while protecting existing ecological
functions.
4.3.2 Management policies.
a) First priority should be given to water-dependent uses. Second priority should be given
to water-related and water-enjoyment uses.
b) Full utilization of existing urban areas should be achieved before further expansion of
intensive development is allowed. Reasonable long-range projections of regional economic need should
guide the amount of shoreline designated "high-intensity." However, consideration should be given to
Overview of Shoreline Designations from Appendix A
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the potential for displacement of non-water oriented uses with water oriented uses when analyzing full
utilization of urban waterfronts and before considering expansion of such areas.
c) Policies and regulations should assure no net loss of shoreline ecological functions as a
result of new development. Where feasible, new development shall include environmental cleanup and
restoration of the shoreline to comply with any relevant state and federal law.
d) Visual and physical public access should be required as provided for in WAC 173-26-
221(4)(d).
e) Aesthetic objectives should be implemented by means such as sign control regulations,
appropriate development siting, screening and architectural standards, and maintenance of natural
vegetative buffers.
4.3.3 Designation Criteria
A "high-intensity" environment designation will be assigned to shoreline areas within City limits, as
described by RCW 36.70A.070 if they currently support high-intensity uses related to commerce,
transportation or navigation, mixed-use or multi-family residential; or are suitable and planned for high-
intensity water-oriented uses.
4.4 Shoreline Residential Environment
4.4.1 Purpose
The purpose of the "shoreline residential" environment is to accommodate residential development and
appurtenant structures that are consistent with this chapter. A secondary purpose is to provide
appropriate public access and recreational uses.
4.4.2 Management policies
a) Standards for density or minimum frontage width, setbacks, lot coverage limitations,
buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall
be set to assure no net loss of shoreline ecological functions, taking into account the environmental
limitations and sensitivity of the shoreline area, and the level of infrastructure and services available.
b) Multifamily and multi-lot residential and recreational developments should provide
public access and joint use for community recreational facilities.
c) Access, utilities, and public services should be available and adequate to serve existing
needs and/or planned future development.
d) Commercial development should be limited to water-oriented uses, home professions,
or home occupations as described in POMC Title 20, and as allowed by the underlying zoning district.
4.4.3 Designation Criteria
A "shoreline residential" environment designation is assigned to shoreline areas inside city limits or the
South Kitsap urban growth area, if they are predominantly single-family or multifamily residential
development or are planned and platted for residential development.
4.5 Urban Conservancy Environment
4.5.1 Purpose.
The purpose of the "urban conservancy" environment is to protect and restore ecological functions of
open space, floodplain and other sensitive lands where they exist in urban and developed settings, while
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allowing a variety of compatible uses. It should be applied to those areas where most benefit the public
if their existing character is maintained, but can also tolerate limited development.
4.5.2 Management policies.
(a) Uses that preserve the natural character of the area or promote preservation of open space,
floodplain or sensitive lands either directly or over the long term should be the primary allowed uses.
Uses that result in restoration of ecological functions should be allowed if the use is otherwise
compatible with the purpose of the environment and the setting.
(b) Standards should be established for shoreline stabilization measures, vegetation conservation, water
quality, and shoreline modifications within the "urban conservancy" designation. These standards
should ensure that new development does not result in a net loss of shoreline ecological functions or
further degrade other shoreline values.
(c) Public access and public recreation objectives should be implemented whenever feasible and
significant ecological impacts can be mitigated.
(d) Water-oriented uses should be given priority over non-water oriented uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given highest priority.
4.5.3 Designation Criteria
An "urban conservancy" environment designation is assigned to shoreline areas appropriate and
planned for development that is compatible with maintaining or restoring of the ecological functions of
the area, that are not generally suitable for water-dependent uses, if any of the following characteristics
apply:
(a) They are suitable for water-related or water-enjoyment uses;
(b) They are open space, flood plain or other sensitive areas that should not be more intensively
developed;
(c) They have potential for ecological restoration;
(d) They retain important ecological functions, even though partially developed; or
(e) They have the potential for development that is compatible with ecological restoration.
Any shorelines that have been left undesignated shall be assigned an Urban Conservancy designation
per WAC 173-26-211(2)(e).
4.6 Natural Environment
4.6.1 Purpose
The purpose of the “natural” environment is to protect those shoreline areas that are relatively free of
human influence or that include intact or minimally degraded shoreline functions intolerant of human
influence or that include intact or minimally degraded shoreline functions intolerant of human use.
These systems require that only very low intensity uses be allowed in order to maintain the ecological
functions and ecosystem-wide processes. Consistent with the policies of the designation local
jurisdictions should include planning for restoration of degraded shorelines within this environment.
4.6.2 Management policies
Any use that would substantially degrade the ecological functions or natural character of the shoreline
should not be allowed.
The following new uses should not be allowed in the “natural” environment:
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a) Commercial Uses
b) Industrial uses
c) High-intensity recreational uses
d) Roads, utility corridors, and parking areas that can be located outside of “natural”-designated
shorelines.
e) Single-family residential development may be allowed as a conditional use within the “natural”
environment if the density and intensity of such use is limited as necessary to protect ecological
functions and be consistent with the purpose of the environment.
f) Commercial forestry may be allowed as a conditional use in the “natural” environment provided it
meets the conditions of the State Forest Practices Act and the City of Port Orchard Critical Areas
Ordinance and its implementing rules and is conducted in a manner consistent with the purpose of this
environment designation.
g) Agricultural uses of a very low intensity nature may be consistent with the Natural Environment
when such use is subject to appropriate limitations or conditions to assure that the use does not expand
or alter practices in a manner inconsistent with the purpose of the designation.
h) Scientific, historical, cultural, educational research uses, and low-intensity water-oriented
recreational access uses may be allowed provided that no significant ecological impact on the area will
result.
i) New development or significant vegetation removal that would reduce the capability of vegetation to
perform normal ecological functions should not be allowed. Do not allow the subdivision of property in
a configuration that, to achieve its intended purpose, will require significant vegetation removal or
shoreline modification that adversely impacts ecological functions. That is, each new parcel must be
able to support its intended development without significant ecological impacts to the shoreline
ecological functions.
4.6.3 Designation Criteria.
A “natural” environment designation is assigned to most of the Blackjack Creek shoreline, within City
limits, but outside of the downtown area. It is also assigned to Blackjack Creek within the South Kitsap
Urban Growth Area. Areas assigned the “natural” designation contain the following characteristics:
a) The shoreline is ecologically intact and therefore currently performing an important, irreplaceable
function or ecosystem-wide process that would be damaged by human activity;
b) The shoreline is considered to represent ecosystems and geologic types that are of particular
scientific and educational interest; or
c) The shoreline is unable to support new development or uses without significant adverse impacts to
ecological functions or risk to human safety.
d) Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands,
estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Shorelines
inside or outside urban growth areas may be designated as “natural.”
Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of the
natural shoreline functions, as evidenced by the shoreline configuration and the presence of native
vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline
modifications, structures, and intensive human uses.
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4.7 Aquatic Environment
4.7.1 Purpose.
The purpose of the "aquatic" environment is to protect, restore, and manage the unique characteristics
and resources of the areas waterward of the ordinary high-water mark.
4.7.2 Management policies.
(a) Allow new over-water structures only for water-dependent uses, public access, or ecological
restoration.
(b) The size of new over-water structures should be limited to the minimum necessary to support the
structure's intended use.
(c) In order to reduce the impacts of shoreline development and increase effective use of water
resources, multiple uses of over-water facilities should be encouraged.
(d) All developments and uses on navigable waters or their beds should be located and designed to
minimize interference with surface navigation, to consider impacts to public views, and to allow for the
safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration.
(e) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats
should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then
only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) as
necessary to assure no net loss of ecological functions.
(f) Shoreline uses and modifications should be designed and managed to prevent degradation of water
quality and alteration of natural hydrographic conditions.
4.7.3 Designation Criteria
An "aquatic" environment designation is assigned to lands waterward of the ordinary high-water mark.
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CHAPTER 5: MASTER PROGRAM GOALS
5.1 Introduction
The City of Port Orchard is required to address master program elements, as listed in RCW 98.58.100(2).
The Master goal for the shorelines is as follows:
To plan for shoreline uses that enhance, promote, and protect the balance between the sensitive
ecology of Port Orchard’s shoreline and its urban development.
5.2 Economic Development
To encourage economic development that is sensitive to the shoreline environment, is water-related or
dependent, and benefits the community. Enhance Port Orchard’s appeal as a boating destination for
commercial and pleasure vessels while supporting and encouraging maritime businesses, boatyards, and
boat repair facilities, recognizing that Port Orchard is one of few remaining places for boat repair on the
west side of Puget Sound.
5.3 Public Access
Enhance public access to City shorelines and preserve views of the shoreline and water, while
maintaining safety and respect for adjacent private property. Public access includes the ability of the
general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to
view the water and the shoreline from adjacent locations.
5.4 Recreation
Improve and maintain the publicly owned shorelines dedicated to public recreation and develop their
potential for visitors and citizens while recognizing the importance of existing park, trail and recreation
areas. Ensure that water-oriented recreational uses are permitted in the shoreline area when consistent
with the goals, policies and regulations of this SMP.
5.5 Transportation
To achieve safe, convenient, and diversified circulation systems to provide public access to the
shoreline, efficient movement of people and goods, with minimum disruption to the shoreline
environment and minimum conflict among shoreline uses and between shoreline users and abutting
upland areas, while maintaining vital shoreline rod and ferry links.
5.6 Shoreline Use
Coordinate the regulation for a variety of shoreline uses which result in long-term rather than short-
term benefits.
5.7 Conservation
Preserve, protect, and restore shoreline vegetation and wetlands, as practical, to optimize the support
of wild, botanic, and aquatic life, as it exists today, with the goal of achieving no net loss of ecological
function
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5.8 Historic, Cultural, Scientific, and Educational
Prevent the destruction or damage of any site having historic, cultural, scientific , or educational value,
as identified by the appropriate authorities, including the State Office of Archaeology and Historic
Preservation and affected tribes.
5.9 Flood Hazard ReductionControl
To protect public and private infrastructure and property from loss and damage created by flood events,
including increased coastal flooding caused by sea level rise.
5.10 Climate Change and Sea Level Rise
To protect coastal resources, both natural and man-made, from the deleterious effects of sea level rise
over time due to climate change, including but not limited to: increased coastal flooding, loss of
shoreline habitat, saltwater intrusion, damage to public and private improvements and infrastructure,
and mobilization of contaminated sediments.
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CHAPTER 6:
GENERAL SHORELINE MASTER PROGRAM POLICIES & REGULATIONS
Development and use proposals may involve a number of uses and shoreline modifications and must
comply with the policies and regulations for each. Each project is reviewed for compliance with the
applicable “use” policies and regulations in this Chapter and with the applicable policies and regulations
in the applicable Chapters of this Master Program. For example, uses associated with a new marina may
include boat launches, industrial and port facilities, parking facilities, and recreational facilities.
Construction of a marina may involve numerous shoreline modifications, including dredging, dredge
spoil disposal, a jetty or breakwater, and perhaps landfill. All shoreline developments and uses must
comply with the policies and standards of this Master Program whether or not a shoreline substantial
development permit is required
The general policies are to be generally applied to all shoreline areas, without regard to environment
designation. The provisions are established in WAC 173-26-221. The policies incorporate much of the
existing Shoreline Master Program content, as well as significant incorporation of the “principles”
sections that are listed in the WAC.
Specific conditions that ensure such compliance may be attached as a condition of permit approval.
Shoreline uses specifically listed are permitted outright or eligible for consideration as a shoreline variance
or shoreline conditional use permit. However, if the use is permitted, deviations from the minimum
performance standards may be approved under a shoreline variance unless specifically stated otherwise.
The performance standards contained herein augment standards established through other land
development regulations. Where conflict arises between these and other applicable controls, the
regulations that provide more protection to the shoreline area shall apply. All provisions of this Shoreline
Master Program are enforceable provided no reasonable alternative exist, or when the alternative would
result in unreasonable and disproportionate cost to the landowner. If redevelopment or expansion of a
nonconforming structure or use is proposed, or if redevelopment or expansion is proposed to take place
within a shoreline buffer, the redevelopment or expansion must comply with the underlying zoning of the
property as well as Appendix CE of this Master Program.
6.1 Applicability
The provisions in this chapter shall be applied either generally to all shoreline areas or to shoreline areas
that meet the specified criteria of the provision without regard to environment designation. These
provisions address certain elements as required by RCW 90.58.100(2) and implement the principles as
established in WAC 173-26-186.
6.2 Archaeological and Historical Resources
The following provisions apply to archaeological and historic resources that are either recorded at the
State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered.
Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW 27.44.055 and
RCW 27.56 and development or uses that may impact such sites shall comply with WAC 25-48.
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Management Policies
SMP-GP-1 Prevent the destruction or damage of any site having historic, cultural, scientific, or
educational value, as identified by the appropriate authorities, including the state office of
Archaeology and Historic Preservation and the Suquamish Tribe.
Development Regulations
G-DR 1 Developers and property owners must immediately stop excavation work in the
immediate vicinity and notify the local government, the Office of Archaeology and Historic
Preservation and affected Indian tribes if archaeological resources are uncovered during
excavation.
G-DR 2 Permits issued in areas with a high probability for unrecorded archaeological resources
or that are documented to contain archaeological resources may require a site inspection or
evaluation by a professional archaeologist in consultation with the Washington State
Department of Archaeology and Historic Preservation and the Suquamish Tribe.
6.3 Critical Areas
The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely
developed. Within shoreline jurisdiction there are many other types of critical areas that have been
identified to be protected. All critical areas, including marine shorelines, have been provided regulatory
protection with the adoption of Port Orchard Municipal Code Title 20, and the 2017 update of the Port
Orchard Critical Areas Ordinances. With the implementation of the critical areas policies listed below,
the Port Orchard Shoreline Master Program does provides for management of critical areas, can be
implemented, and is consistent with RCW 90.58.090(4) and WAC 173-26-221.
a. Wetlands
Management Policies
SMP-GP-2 Exhibit, at a minimum, no net loss of wetland area and function for wetlands
associated with the shoreline and with Blackjack Creek and the Ross Creek estuary.
SMP-GP-3 Grading, filling, draining, flooding, or dredging, or mining within regulated wetland
areas, including those associated with Blackjack Creek and the Ross Creek estuary, should be
prohibited.
Development Regulations
G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction
shall follow all regulations regarding the rating, categorization, delineation and protection of
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wetlands, and the establishment and maintenance of wetland buffers, as set forth in POMC Title
20, Chapter 20.162 (Critical Areas Regulations).Appendix B.
b. Geologically Hazardous Areas
Management Policies
SMP-GP-4 New development or the creation of new lots that would cause reasonably
foreseeable risk to people or improvements over the life of the development should be
prohibited.
SMP-GP-5 Development that would require structural shoreline stabilization over the life of the
development should be prohibited in accordance with WAC 173-26-221 (2(c)).
SMP-GP-6 Structural shoreline stabilization measures will be allowed to protect existing primary
residential structures and properties in conformance with WAC 173-26-221(ii).
Development Regulations
G-DR 4 All development proposals on land containing geologically hazardous areas within
shoreline jurisdiction shall follow all regulations set forth in Port Orchard Municipal Code Title
20.
c. Critical Saltwater Habitats
Critical saltwater habitats provide important ecological functions, and therefore require a higher level of
protection. While Sinclair Inlet does not have known kelp or eelgrass beds, it does have spawning and
holding areas for forage fish such as smelt and sandlance, as well as migratory routes for salmon.
Management Policies
SMP-GP-7 Development within areas identified as critical saltwater habitats for anadromous
fish habitat, or eagle use and buffer, shall comply with all state and federal regulations for
protection of listed species and their habitats.
SMP-GP-8 Repair and reconstruction of existing legal structures or facilities within critical
saltwater habitats may be permitted, provided that identified adverse impacts shall be
mitigated to encourage no net loss of ecological function.
SMP-GP-9 When development is proposed on a property that includes tidelands or submerged
lands designated as critical saltwater habitat, provisions should be included in the development
application that address protection, enhancement and potential restoration of habitat areas.
Development Regulations
G-DR 5 Structures, developments, and uses, including marinas, docks, piers, mooring areas,
underwater parks, utilities, and shoreline modifications, may not intrude into or be built over
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critical saltwater habitat unless the applicant can demonstrate that the following criteria can be
met:
a. An alternative alignment or location is not feasible.
b. The project is designed to minimize its impacts on critical saltwater habitats and the
shoreline environment.
c. Impacts to critical saltwater habitat functions can be mitigated to result in equal or
better ecological function.
d. The facility is a public facility and is in the public interest.
G-DR 6 In areas not previously identified as critical saltwater habitat, the project proponent
shall submit appropriate studies to determine whether critical saltwater habitats exist,
whenever the following two conditions are applicable:
a. The proposed development, use or activity has the potential to cause significant
adverse impacts to a critical saltwater habitat; and
b. The beach or saltwater area that may be directly impacted by the proposed
development, use or activity is the type of environment in which a critical saltwater
habitat has been demonstrated to occur.
G-DR 7 Except as a habitat improvement or restoration measure, aquatic herbicide treatments,
mechanical removal of vegetation and aquatic pesticide treatments may not be used on critical
saltwater habitats. Use of aquatic herbicide treatments are to be discouraged.
G-DR 8 Sand, gravel, or other materials may neither be added nor removed from critical
saltwater habitats, except when part of an approved restoration project or as allowed in G-DR 5
above.
G-DR 9 New outfalls (including stormwater and treated sewer outfalls) and discharge pipes are
discouraged from being located in critical saltwater habitats or areas where outfall or discharge
will adversely affect critical saltwater habitats unless the applicant can show that the majority of
the following can be met:
a. There is no feasible alternative location for the outfall or pipe.
b. The outfall or pipe is placed below the surface of the beach or bed of the water body.
c. The outfall discharges waterward of the subtidal zone.
d. The disturbed area will be revegetated with native plants.
e. The discharge point(s) on the outfall or discharge pipes is located so that the
discharges, including nutrients in the discharge and currents, do not adversely affect
critical saltwater habitats.
d. Critical Freshwater Habitats
Critical freshwater habitat within Port Orchard City limits is limited to the Blackjack Creek corridor and
the estuarine portion of Ross Creek. Ecological functions of streams depend upon continuity and
connectivity along the shoreline and the conditions of the surrounding lands on either side of the
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channel. Improper stormwater, sewer, or industrial outfalls and unmanaged clearing and grading can
degrade ecological functions downstream thereby altering hydrographic conditions, raising water
temperatures resulting in the corridor being inhospitable to priority species and posing flood risks to
human health, safety and property.
Management Policies
SMP-GP-10 The City shall take special care when reviewing and inspecting development
projects that discharge stormwater toward Blackjack Creek and the Ross Creek estuary.
SMP-GP-11 Where appropriate, the City should integrate protection of critical freshwater
habitat with flood hazard reduction and other stream management provisions.
SMP-GP-12 The City should encourage, assist, and facilitate appropriate restoration projects, as
appropriate.
SMP-GP-13 Realignment or rechannelization, clearing of adjacent native vegetation or large
woody debris, and water withdrawals and diversion from the Blackjack Creek shoreline should
be prohibited except for purposes of habitat restoration and enhancement, recreation and
public access.
Development Regulations
G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross
Creek estuary shoreline jurisdiction shall be subject to the provisions of the POMC Title 20
Critical Areas Ordinance, regulations for Fish and Wildlife Habitat Conservation Areas.
6.4 Flood Hazard Reduction
Flood hazard reduction may consist of both structural and nonstructural measures. Flood hazard
reduction nonstructural measures may include such measures as; setbacks, land use controls, wetland
restoration, relocation of a use, and stormwater management programs. Further, flood hazard
reduction may take the form of structural measures, such as dikes, levee, revetments, flood walls,
channel realignment, and elevation of structures.
Management Policies
SMP-GP-14 Discourage future non-water dependent development, including redevelopment
and expansion of existing non-water dependent development in areas lying at or below the 100
year flood elevation, unless flood hazard is reduced by removing, moving, elevating, and/or
building structures at new, higher elevations. Flood hazard reduction may also include adding
freeboard to existing shoreline armor in areas that are frequently flooded (i.e. within a 100-year
flood hazard area) landward of existing shoreline armor, in compliance with FEMA requirements
for coastal flood protection structures.flood-prone areas consistent with the City’s flood damage
prevention regulations (POMC Title 20).
SMP-GP-15 Discourage alterations to stream systems’ natural hydrological and
geomorphological processes.
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SMP-GP-16 When feasible, give preference to nonstructural flood hazard reduction measures
over structural measures, except that in areas that are frequently flooded (i.e. within a 100-year
flood hazard area) landward of existing shoreline armor, hazard reduction measures may
include adding freeboard to existing shoreline armor.
SMP-GP-17 EnsureIntend to the greatest extentmeans feasible that flood hazard protection
measures do not result in a net loss of ecological functions.
SMP-GP-18 The creation of new lots or tracts that would be located entirely within athe 100-
year flood hazard areafloodplain should not be allowedbe discouraged, unless the intent of the
subdivision is for the lot or tract to remain undeveloped for the purposes of ecological
restoration and/or development setback, consistent with the City’s flood damage prevention
and subdivision regulations (POMC Title 20).
SMP-GP-19 Public utility and transportation structures are allowed, provided no reasonable
alternative exists, in areas where such structures currently exist, or where the alternative would
result in unreasonable and disproportionate costs.
SMP-GP-20 The City shall create and maintain for public reference and planning purposes a
coastal flood risk map which shows the City’s base 100 year coastal flood elevation areas at the
time of map creation, and includes a future projection of any additional areas which have at
least a 50% probability of being flooded within 20 years. This map shall be based on best
available science provided by the State of Washington and shall be updated, at minimum, with
each required periodic and comprehensive update of the City’s shoreline master program.
SMP-GP-21 For each required periodic and comprehensive update to the City’s shoreline
master program, the City shall evaluate the program’s coastal flood hazard reduction policies
and development regulations, and coastal flood risk map, and shall revise them according to
best available science provided by the State of Washington.
SMP-GP-22 The City should map all shoreline locations in which there are known contaminated
sediments, and develop a long-term plan to evaluate and address those in need of attention due
to risk of mobilization due to coastal flooding.
Development Regulations
G-DR 11 Proposals for new structural flood hazard reduction measures shall be required to
provide scientific and engineering documentation that such measures will protect existing
structures, that they are consistent with the City’s flood damage prevention regulations (POMC
Title 20), that nonstructural measures are not reasonable, and that impacts on ecological
functions are mitigated to encourage no net loss.
G-DR 12 New or expanded development or uses in the shoreline zone, including the subdivision
of land, that would require structural flood control works within a 100 year flood hazard area, a
stream, a channel migration zone and/or a floodway are prohibited.
G-DR 13 As part of the City’s shoreline permit application review process, all proposed
development and redevelopment activities in the City’s shoreline requiring a permit shall
determine and disclose whether any sediment material on the development site, including fill, is
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contaminated and requires remediation to prevent spread of contamination through
mobilization due to coastal flooding events. This requirement applies whether or not the
contaminated area on the site will be disturbed as part of the development process. If
contaminated sediment at risk of mobilization is determined to be present, the City shall require
a remediation plan as a condition of shoreline permit approval. The City may require
independent review at the applicant’s expense of findings and recommendations regarding
contamination and remediation, by a hydrologist, geologist, engineer or other qualified
professional.
6.5 Public Access
Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to
travel on waters of the state, and to view the water and the shoreline from adjacent locations. Water
views are currently easily accessible to the public from waterfront roadways, including SR 166, Bay
Street, and Beach Drive, which are located very close to the shoreline for the entire length of the City
and the Port Orchard Urban Growth Area.
Management Policies
SMP-GP-230 Promote and enhance the public interest with regard to rights to access waters
held in public trust by the state while protecting private property rights and public safety.
SMP-GP-241 Protect the rights of navigation and commerce, and the space necessary for water-
dependent uses.
SMP-GP-252 Protect the public’s opportunities to enjoy the physical and aesthetic qualities of
the shorelines, including views of the water, to the greatest extent feasible.
SMP-GP-263 Regulate the design, construction, and operation of permitted uses in the
shorelines of the state to minimize, insofar as practical, interference with the public’s use of the
water.
SMP-GP-274 Continue to acquire easements and/or require construction of future segments of
the Mosquito Fleet Trail.
SMP-GP-285 The City shall retain and protect existing shoreline parks, trails, and other
opportunities for the public to access and enjoy the Sinclair Inlet shoreline and to view the
shoreline and water views from public property and roadways.
SMP-GP-296 In compliance with WAC 173-26-221(4), or as subsequently amended, require the
dedication and improvement of public access in developments for water-enjoyment, water-
related, and water-dependent uses and for the subdivision of land into more than four parcels
when either partially or completely within shoreline jurisdiction.
SMP-GP-3027 New shoreline development or major redevelopment by public entities, including
local governments, port districts, state agencies and public utility districts, shall include public
access as part of each development project, unless such access is demonstrated to be
incompatible due to reasons of safety, security or environmental impacts.
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SMP-GP-3128 Pursue funding and acquisition of property and easements for trails serving the
shoreline, including the Mosquito Fleet Trail and the Blackjack Creek Wilderness Trail.
SMP-GP-3229 The City shall not vacate any public right-of-way that abuts or connects to
shorelines, unless the use of such right-of-way for shoreline access is determined to present a
public health or safety risk that would prevent such use for access.
SMP-GP-3330 Public access and use improvements are encouraged to result in no net loss of
ecological function.
SMP-GP-3431 The City should encourage conversion into water-enjoyment, public access, or
recreational uses of the Department of Natural Resource owned portion of the waterfront
parking area within the downtown.
Development Regulations
G-DR 142 All waterfront development proposals within the High Intensity environment
shall provide public physical access to the City’s waterfront pedestrian boardwalk and/or
other public waterfront amenities where feasible, except in cases of public safety, security
or impacts to the shoreline environment. If such access is provided, no additional public
shoreline physical access will be required. If such access is not feasible, alternative public
physical or view access to the shoreline, such as open space or a viewing deck or platform,
shall be provided. All new non-water-oriented commercial or industrial uses shall provide
public access or ecological restoration, where feasible, to ensure that the proposed use
provides a significant public benefit with respect to the Shoreline Management Act
objectives.
G-DR 153 Alternatives to on-site, physical access to the shoreline may be approved if the
applicant can demonstrate to the satisfaction of the City that shoreline access is infeasible.
Alternatives may include, but are not limited to:
a. Publicly accessible rooftop decks.
b. Off-site public access, such as improvement to a nearby street end, an offsite
viewpoint, or a trail system, purchase of land or an easement at a location appropriate
for future access improvements.
c. A payment in lieu agreement with the City in accordance with RCW 82.02.020.
G-DR 165 When required, public access sites shall be fully developed and available for public
use at the time of occupancy or use of the development or activity, except where the City
determines an appropriate mechanism such as development agreement for delayed public
access implementation is necessary for practical reasons.
G-DR 176 Where deemed necessary to protect ecological functions and ensure no net loss, the
easement may encourage a buffer of native vegetation between the OHWM and the public
access walkway.
G-DR 187 Public access easements and permit conditions shall be recorded in an appropriate
manner with the Kitsap County Auditor’s Office.
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G-DR 198 If Public access hours are to be limited for access easements, they must be approved
by the City Council and are required to include signage installed by the applicant and posted on
the site.
G-DR 2019 Public access sites are encouraged to be connected directly to the nearest public
area (e.g. street, public park, or adjoining public access easement). Where connections are not
currently possible, the site shall be designed to accommodate logical future connections.
G-DR 210 Public access sites shall be made barrier free for the physically disabled, where
feasible, and designed consistent with the Americans with Disabilities Act.
G-DR-221 Public access landscape design, when required shall use predominantly native
vegetation (60 percent or greater), particularly saline tolerant plant species. Landscape buffers
may be incorporated where desirable to provide public/private space separation.
G-DR 232 Natural elements such as logs, rocks, shrubs, trees, and elevation separations are
encouraged as a means to define the separation between public and private space.
G-DR 243 New multi-family residential development bordering public space designed for
shoreline access shall be clearly delineated from adjacent public pathways to provide a visual
privacy separation between uses. A grade separation may be a means of delineation and would
not be required on the upland side of a development.
G-DR 254 The City may require the installation of benches, bicycle racks, pet waste, garbage
and recycling receptacles, educational signage, and other street furniture at shoreline public
access points commensurate with the degree of project impact. Where required,
a. Benches shall be set back from a walkway or path so that the path is not encumbered
when the benches are in use. Benches shall be at least 4 feet in length.
b. Provisions for maintenance will be encouraged to be required as a condition of
permit approval.
6.6 Shoreline Vegetation Conservation
The City of Port Orchard’s Sinclair Inlet shoreline has been historically heavily developed. A result of the
historical maritime, transportation, and industrial use of the Sinclair Inlet waterfront has resulted in very
little native vegetation existing or being preserved. The Blackjack Creek shoreline, however, has
remained in a mostly natural state. Shoreline vegetation has been determined to provide shade
necessary to maintain cool temperatures required by salmonids, provides food for fish in the form of
insects, stabilizes banks, minimizes erosion, and reduces the occurrence of landslides. Vegetation also
provides critical wildlife habitat, including migration corridors and feeding, watering, rearing, and refugia
areas.
Management Policies
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SMP-GP-352 The City shall develop and apply standards and regulations that require shoreline
development and uses to meet the no net loss standard for maintenance of shoreline ecological
function.
SMP-GP-363 Native vegetation should be preserved to the greatest extent feasible while
providing for the removal of noxious weeds and vegetation that poses a risk to property, or
safety or ecological function.
SMP-GP-374 Introduction of invasive non-native plants and noxious weeks shall be discouraged.
Development Regulations
G-DR 265 Existing native shoreline vegetation in an Aquatic Environment or within a shoreline
buffer, should be preserved and protected, with limited exceptions for water dependent, water
enjoyment, public recreation and public access uses, maintenance of public views, and
“reasonable use” on undeveloped parcels located entirely or primarily within the shoreline
buffer.
G-DR 276 Land within shoreline and critical buffer areas extending from marine ordinary high
water mark, shall be considered vegetation conservation areas. Native shoreline vegetation
that has not been otherwise disturbed by legal means shall be preserved to the maximum
extent feasible within the vegetation conservation area consistent with safe construction
practices, and other provisions of this chapter. Native trees and shrubs shall be preserved, the
maximum extent feasible, to maintain and provide shoreline ecological functions such as
habitat, shade, and slope stabilization.
G-DR 287 In all cases where clearing is followed by revegetation, native plants shall be
preferred. Lawns are discouraged due to their limited erosion control value, limited water
retention capacity and associated chemical and fertilizer applications. Non-native plants are to
be discouraged.
G-DR 298 The following minimum standards for shoreline and critical area vegetation
conservation shall apply:
a. No more than 15 percent of the area with native shoreline vegetation shall be cleared
within the vegetation conservation area, without mitigation.
b. All native trees in the vegetation conservation area over 18 inches in diameter at breast
height shall be retained. Trees determined by the City to be hazardous or diseased may
be removed. Replacement of non-native vegetation with native species shall be done in
a manner that will not leave soil bare or vulnerable to erosion.
c. The Shoreline Administrator may allow removal of vegetation exceeding that described
above where an applicant agrees to replacement plantings and a mitigation plan.
G-DR 3029 All clearing and grading activities shall be limited to the minimum necessary for the
permitted development.
G-DR 310 Exposed soils shall be immediately developed or revegetated to prevent erosion.
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G-DR 321 Revegetation must be planted such that complete coverage of exposed soils is
attained within one growing season.
G-DR 332 Clearing and grading within required shoreline setbacks shall only be permitted upon
approval of a detailed landscape plan for revegetation. (The Shoreline Administrator may waive this
requirement when potential impacts to shoreline resources are insignificant). The landscape plan shall
include:
a. A map illustrating the distribution of existing plant communities in the area proposed
for landscaping. The map must be accompanied by a description of the vegetative condition of
the site, including plant species, plant density, any natural or man-made disturbances,
overhanging vegetation, and the functions served by the existing plan community (e.g., fish and
wildlife habitat values, slope stabilization).
b. If applicable, a description of the intertidal shade conditions created by existing
vegetation. This description shall include an inventory of overhanging vegetation as well as a
determination of how much shade is created in the intertidal zone by standing trees, during
midday at midsummer.
c. A detailed landscape map indicating which areas will be preserved and which will be
cleared, including tree removal.
d. Drawings illustrating the proposed landscape scheme, including the type, distribution,
and density of plants. Any pathways or nonvegetated portions should be noted.
e. A description of any vegetation introduced for the purposes of fish and wildlife habitat.
Significant loss of wildlife habitat shall be mitigated in accordance with Chapter 6 of this master
program. If on-site mitigation is not no possible, off-site mitigation shall be permitted at a
minimum replacement ratio of one-to-one (1:1 habitat lost to habitat replaced).
The revegetation landscaping required by this regulation shall meet the following standards:
f. At the time of planting, shrubs must be at least eighteen (18) inches high. Shrubs should
be planted such that within two years the shrubs will cover at least sixty percent (60%) of the
area that would be covered when the shrubs have attained a mature size. At the time of
planting, deciduous trees must be at least two (2) inches in caliper as measured one (1) foot
above grade, and coniferous trees must be at least five (5) feet in height.
g. The applicant may be required to install and implement an irrigation system to ensure
survival of vegetation planted. For remote areas lacking access to a water system, an alternative
method (e.g., hand watering) may be approved.
h. For a period of two (2) years after initial planting, the applicant shall replace any
unhealthy or dead vegetation planted as part of an approved landscape plan. For a minimum of
five (5) years after initial planting, the applicant shall mechanically remove any invasive
vegetation. The use of herbicides will not be allowed in the control of invasive vegetation.
G-DR 343 Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible,
utilize soil bioengineering techniques.
G-DR 354 All shoreline development and activity shall use effect measures to minimize
increases in surface water runoff that may result from clearing and grading activity. The applicant must
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implement best management practices (BMPs) for clearing, grading and erosion control under the City’s
engineering design standards, and must obtain a site development permit from the City’s Public Works
Department.
G-DR 365 The City may require a performance bond as a condition of permit approval, to
ensure compliance with this Master Program.
G-DR 37 The City shall require, where feasible, restoration of native shoreline and aquatic
vegetation in mitigation and restoration plans and in stormwater management for redevelopment
activities within the shoreline area.
G-DR 38 Redevelopment activities in the High Intensity (HI) shoreline environment designation
shall comply with the shoreline vegetation conservation and restoration requirements of Appendix E of
this plan, in addition to any other applicable City requirements and regulations.
6.7 Climate Change and Sea Level Rise
Management Policies
SMP-GP-38 The City should create specific development and building design standards for the
downtown shoreline that address issues related to coastal hazards and impacts from future sea level rise,
including but not limited to: coastal flooding, earthquake liquefaction and tsunami risk, saltwater
intrusion, mobilization of contaminated sediments, and impacts to geologic hazard areas.
Development Regulations
G-DR-39 During each periodic review of the City’s shoreline master program, the City will evaluate its
development and building design standards and revise them as needed for the downtown shoreline to
protect against risks from sea level rise and coastal hazards including but not limited to: coastal flooding,
earthquake liquefaction and tsunami risk, saltwater intrusion, mobilization of contaminated sediments,
and impacts to geologic hazard areas.
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CHAPTER 7:
SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS
The shoreline uses that are addressed below are outlined and required in WAC 173-26-241. and have
been correlated with the existing uses provided with the City of Port Orchard 1994 Shoreline Program
(SMP) adoption. The provisions apply to specific common uses and types of development that may
occur within the shoreline jurisdiction. This section also includes a matrix outlining which uses are
allowed in particular shoreline environments. The changes include a new shoreline environment,
Shoreline Residential, and proposed allowed uses, as illustrated in the chart below. An additional
change from the 1994 SMP is that the Urban designation, Urban Maritime designation, and Downtown
Upland designation were combined into the High-Intensity Designation. Please note, shoreline use and
development determined by the Department and classified by the Administrator is regulated under one
or more of the following applicable sections.
7.1 Shoreline Uses
The provisions in this Appendix A for shoreline use and development shall be applied either generally to
all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard
to environment designation. These provisions address certain principles as established in WAC 173-26-
241. (x = not permitted, p = permitted, a = administrative review, c = conditional use permit, n/a = not
applicable)
SHORELINE USE CATEGORIES NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Agriculture x p a p n/a
Aquaculture – floating n/a n/a n/a n/a c
Boating Facilities – public or marinas x c p c p
Boat launches x c p p c
Commercial – water-dependent1 x c p c c
Commercial – water-related1 x c p c c
Commercial – water-enjoyment1 x c p c x
Commercial – non-water oriented x x p xca x
Float Plane Facilities x x cp c c
Flood Control Management x c c p c
Forest Practices x c p p n/a
Industrial – water-dependent x c p p c
Industrial – water-related x x p x x
Industrial – non-water oriented x x px x x
Mining x x cx cx cx
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Mixed-use (multi-family residential use,
along with commercial, public use and/or
recreational uses. May include parking to
serve residents, customers and tenants of
the onsite mixed-use structure(s).
Refer to rows below.
Mixed use: Non-residential uses(s)
areinclude one or more non-water-
orientedwater-enjoyment uses:
x x p xc x
Mixed use: Non-residential uses(s) include
one or more water-dependent, or water-
related or water-enjoyment uses:
x x p c x
Parking (Accessory to a principal use) c c p p x
Parking (PrincipalPrimary use, or -including
commercial pPaid, or parking to serve offsite
uses.) x x p c x
Public use (civic use, government-owned
non-transportation facility, or similar use.) x x p c x
Recreation – water-dependent p p p p c
Recreation – water-related p p p p c
Recreation – non-water oriented c c p p c
Residential – single-family residence p p Px2 p x
Residential – other than a singlemulti-family
residence x c p a x
Land Subdivision c c p p c
Transportation facilities – water-dependent c c p c c
Transportation facilities – water-related c c p c c
Transportation facilities – non-water related c c c c c
Transportation facilities – trails/boardwalks p p p p c
Utilities – above ground distribution poles a p p p c
Utilities – underground a p p p c
Utilities – cellular towers c c c c c
(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)
1Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed-
use development (i.e. a combination of residential and commercial uses in the same building), and only when
consistent with the underlying zoning.
2Although new single-family residential uses in the HI environment are not permitted, single-family residential uses
that were legally established (permitted) prior to the effective date of this SMP shall be considered legal
conforming uses for the purposes of this SMP. See footnote 5 in Table 7.2, Shoreline Development Standards
Matrix, for additional information.
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7.2 Shoreline Development Standards Matrix
DEVELOPMENT STANDARDS
SETBACKS (BUFFER) AND HEIGHT
REQUIREMENTS NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Agriculture1
Cultivation / Grazing setback x 100 x100 100 x
Building Setback x 100 50 50 x
Height limits (See underlying zoning Code or
overlay districts – POMC Title 20)
Aquaculture
Water-dependent setback x 0 0 0 0
Water-related setback21 x 50 25 35 x
Height limits:
Upland (See underlying zoning Code or
overlay districts – POMC Title 20)
Over-water x x x x 15
Boating Facilities & Boat Launches
Water-dependent setback 0 0 0 0 0
Building setback21 x 50 25 25 n/a
Height limits:32
DEVELOPMENT STANDARDS
SETBACKS (BUFFER) AND HEIGHT
REQUIREMENTS NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Upland (See underlying zoning Code or
overlay districts – POMC Title 20)
Overwater structures x x x x 30
Commercial Development54
Water-dependent setback x 0 0 x 0
Water-related setback21 x 100 25 x 0
Non-water oriented setback21 x x 75 x x
Building height limit (See POMC Title 20)
Forest Practices
Setback x 100 n/a 75 n/a
Industrial Development
Building Setbacks:
Water-dependent x x 0 x 0
Water-related21 x x 50 x x
Non-water oriented21 x x 100 x x
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Height Limits (See POMC Title 20)
Parking
Accessory use 150 100 10 10 x
Principal usePrimary x x100 25 0x x
Recreational Development
Water-dependent n/a 0 0 0 0
Water-related/oriented 10 10 0 0 x
Non-water oriented (unless specified
below)21 100 75 25 25 x
Access Roads, restrooms, & accessory
buildings x 100 25 25 x
Parking Areas x 50 10 0 x
Golf Courses or sports fields x 200 100 100 x
Trails, boardwalks, or overlooks 0 0 0 0 0
Residential Development43
Building setback - sSingle-family residence
setbacks – building setback1 150 100 X6 25 x
Building setback - Single-family setbacks –
Aaccessory use(s) to a single-family
residence setback (patios, decks, etc.) 100 50 x 15 x
Building setback – other than a single family
residence. 2 to 4 dwelling units – building
setback21 x x 406 50 x
Building setback – accessory uses to
residences other than a single-family
residence.2 to 4 dwelling units – accessory
use setback21 x x 20 25 x
DEVELOPMENT STANDARDS
SETBACKS (BUFFER) AND HEIGHT
REQUIREMENTS NATURAL URBAN CONSERVANCY HIGH INTENSITY SHORELINE RESIDENTIAL AQUATIC Transportation
Arterials, Highways, Railroads x 200 50 50 x
Multi-use trails, paths x 0 0 0 0
Secondary/Access Roads x 100 50 50 x
Utilities
Buildings, transmission line, tower setbacks 200 100 50 75 0
Distribution pole height limit 36 36 36 36 x
Cellular tower height limit x 100 100 x x
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(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)
1 See Policy Regulation SU-DR-7.
2Within the High Intensity environment, lawfully constructed non-water-oriented structures and uses that are
nonconforming to this SMP because of their location within a shoreline buffer may be redeveloped in accordance
with this SMP. Refer to Appendix CE for more information.
32 Height limits are subject to zoning and overlay district regulations found in POMC Title 20.
43 If a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks
shall apply.
54 Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed-
use development (i.e. a combination of residential and commercial uses in the same building), and only when
consistent with the underlying zoning.
6With the exception of any residential structure or residential appurtenant structure built over or partially over an
aquatic environment, pursuant to RCW 90.58.620 a legally-established (permitted) residential structure and
appurtenant residential structure(s) used for a conforming use in the HI environment shall be considered a
conforming structure, even if it does not meet this SMP’s current standards for setbacks, buffers, yards, area, bulk,
height or density. However, such a structure may be added to or enlarged only if such addition or enlargement
conforms to the regulations of the zoning district and the shoreline environment designation, provided that the
addition or enlargement is consistent with the standards of Appendix C.
7.3 Agriculture
Although agricultural activity is limited within the City of Port Orchard, SMP guidelines require
development of policies and regulations for agricultural use.
Management Policies
SMP-SU-1 For purposes of this section, the terms agricultural activities, agricultural products,
equipment and facilities and agricultural land shall be defined as provided in WAC 173-26-020.
SMP-SU-2 Agricultural activities should not have a negative impact on water quality or destruction
of vegetation.
SMP-SU-3 Agricultural uses and development in support of agricultural uses should be conducted in
such a manner as to assure no net loss of shoreline ecological functions and processes and avoid
substantial adverse impacts on other shoreline resources and values.
Development Regulations
SU-DR-1 Agriculture uses may only be permitted in the Shoreline Residential, High Intensity, and
Urban Conservancy environments, and shall be limited to those agricultural uses permitted in the
underlying zoning regulations.
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SU-DR-2 Shoreline waters shall not be used for livestock watering, and shall be fenced or otherwise
blocked to prohibit livestock access.
SU-DR-3 A buffer of native vegetation may be established and maintained between areas used for
cultivation or grazing and adjacent water bodies and wetlands. The buffer should not be less than
20 feet wide, and shall be sufficiently enhanced to retard runoff, reduce sedimentation, and provide
riparian habitat. Buffers shall include fencing to prevent encroachment.
SU-DR-4 Application of commercial pesticides within 100 feet of a shoreline is prohibited.
SU-DR-5 Pesticides shall be used, handled, and disposed of in accordance with provisions of the
Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide Act
(RCW 15.57) to prevent contamination and sanitation problems.
SU-DR-6 Livestock waste shall be disposed in a manner that will prevent surface or groundwater
contamination.
SU-DR-7 Agricultural activities and uses are not permitted within the marine (saltwater) shoreline
jurisdiction of Sinclair Inlet and the estuarine shoreline jurisdiction of Blackjack Creek.
7.4 Aquaculture
Sinclair Inlet has historically been limited regarding the harvest of shellfish and/or aquaculture, due to
heavy historical industrial and military use and the resulting water quality concerns. There are
significant industrialized harbors and military areas, and significant requirements for clear navigation of
naval vessels, which may preclude the use of large-scale aquacultural facilities within Sinclair Inlet.
Regarding any proposed aquaculture facilities, WAC 173-26-241(3)(b) outlines the development of goals
and policies within the SMP document.
Management Policies
SMP-SU-4 Aquaculture in areas where it is demonstrated to result in a net loss of ecological
functions, proven to adversely impacts eelgrass and macroalgae, or significantly conflicts with
navigation and other water-dependent uses, should be prohibited.
Development Regulations
SU-DR-87 Shellfish seeding/culturing when conducted for native population recovery in
accordance to government approved requirements, may be permitted.
7.5 Boating Facilities
Boating facilities include both public and private marinas, boat ramps, haulout, launching and
infrastructure required to support watercraft, and are vitally important to maintaining public access to
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the water. Public boating facilities and public boating provisions within private facilities are supported
throughout the shoreline.
Management Policies
SMP-SU-5 Boating facilities should be located only at sites with suitable environmental conditions,
shoreline configuration, access, and neighboring uses.
SMP-SU-6 Significantly negative aesthetic impacts of new or redeveloped boating facilities should
be avoided or mitigated.
SMP-SU-7 The development of boating facilities, and associated and accessory uses, should not
result in a net loss of shoreline ecological functions or other significant adverse impacts.
SMP-SU-8 New boating facilities should limit the amount of shoreline modifications to as little as
possible to accommodate the permitted uses.
Development Regulations
SU-DR-98 Boat launches for Port, commercial, or public recreational uses are supported in the high-
intensity environment and are conditional in the urban conservancy and shoreline residential
environments.
SU-DR-109 New boat launches requiring significant shoreline modifications shall be allowed only as
conditional uses due to their potentially significant impacts to the shoreline environment.
SU-DR-110 Hand launch sites where improvements are limited to installation of signage and
improvements valued at a monetary amount that does not exceed the amount currently established
and effective per WAC 173-27-040(2)(a) or its successor shall be exempt from a Shoreline Substantial
Development Permit.
SU-DR-121 Reconstruction of an existing launch is permitted and supported.
SU-DR-132 Boat launches and ancillary facilities shall be located, designed, constructed and
operated as to:
a. Minimize adverse affects to fish, shellfish, wildlife, water quality and existing geohydraulic
shoreline and stream processes.
b. Provide adequate on-shore facilities for waste-disposal, parking, and restrooms.
c. Be compatible with adjacent uses.
d. Should endeavor to avoid negative aesthetic impacts.
SU-DR-143 Associated docks and floats shall conform to the applicable policies and performance
standards of this Master Program.
SU-DR-154 Associated parking and loading areas shall:
a. Provide adequate off-road parking and loading areas
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b. Facilitate orderly launching and retrieval of boats, as well as the movement of vehicles and
trailers in the launching area
c. Be located away from the immediate water’s edge and beaches as much as practicable.
d. Be designed in a manner that surface runoff does not pollute adjacent waters or cause soil or
beach erosion.
7.6 Commercial Development
Management Policies
SMP-SU-9 Commercial Use provisions of the Shoreline Master Program are intended to be
consistent with Comprehensive Plan, zoning, overlay districts, and other development regulations
within the City.
SMP-SU-10 Preference shall be given to water-dependent commercial uses over nonwater-
dependent uses.
SMP-SU-11 Commercial properties should ensure visual compatibility with adjacent non-
commercial properties.
SMP-SU-12 Commercial uses located in the shoreline should provide public access in accordance
with constitutional or other legal limitations unless such improvements are demonstrated to be
infeasible or present hazards to life and property.
SMP-SU-13 Restoration of impaired shoreline ecological functions and processes should be
encouraged as part of commercial development.
SMP-SU-14 Commercial development will not result in a net loss of shoreline ecological functions or
have significant adverse impact to other shoreline uses, resources and values, to include navigation,
recreation and public access.
Development Regulations
SU-DR-165 Projects located within the Downtown Overlay District must be consistent with
regulations in POMC Title 20.
SU-DR-176 Over-water construction of commercial uses is prohibited except as follows:
a. The development of docks, boat launch ramps, boardwalks, marine repair facilities, or other
shoreline access facilities.
b. Commercial uses of existing over-water buildings may be allowed to facilitate reuse of
existing structures along the waterfront.
c. Minor commercial uses that are accessory and clearly incidental to an allowed use may be
provided on publicly owned docks, piers, and properties.
d. Commercial uses of over-water buildings are essential to water dependent industry or use.
SU-DR-187 All commercial development or redevelopment requiring a Substantial Development or
Conditional Use Permit within the shoreline jurisdiction shall provide for public visual and/or physical
access to the shoreline in accordance with the Public Access section of this Master Program.
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Properties within the Downtown Overlay District must be consistent with the Public Access section as
well as any additional requirements in POMC Title 20.
7.7 Flood Control Works and Instream Structures
Management Policies
SMP-SU-154 New or expanding development or uses in the shoreline, including subdivision of land,
that would likely require structural flood control works within a stream, channel migration zone, or
floodway should not be allowed.
SMP-SU-165 Flood control works and instream structures should be planned and designed to be
compatible with appropriate multiple uses of stream resources over the long term, especially in
shorelines of statewide significance.
SMP-SU-176 Flood control works should only be allowed in the shoreline if they are necessary to
protect existing development and where non-structural flood hazard reduction measures are
infeasible.
SMP-SU-187 Flood control works to protect existing development should be permitted only when
the primary use being protected is consistent with this Program, and the works can be developed in
a manner that is compatible with multiple use of streams and associated resources for the long
term, including shoreline ecological functions, fish and wildlife management, and recreation.
Development Regulations
SU-DR-198 Flood control works shall be permitted when it is demonstrated by engineering and
scientific evaluations that:
a) they are necessary to protect health/safety and/or existing development and,
b) non-structural flood hazard reduction measures are not practicable.
SU-DR-2019 New flood control works are prohibited on estuarine shores, on point and channel
bars,
and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat
enhancement, restoration, or as identified in Development Regulation SU-DR-18.
SU-DR-210 New structural flood control works shall be placed landward of associated wetlands, and
designated habitat conservation areas, except for works that improve ecological functions, such as
wetland restoration, or as identified in Development Regulation SU-DR-18.
SU-DR-221 Revetments shall not be placed waterward of the OHWM except for weirs and current
deflectors where necessary to protect bridges and roads.
SU-DR-232 No motor vehicles, appliances, other similar structures or parts thereof; nor structure
demolition debris; nor any other solid waste shall be used for flood control works.
SU-DR-243 Cut-and-fill slopes and back-filled areas shall be stabilized with brush matting and buffer
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strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline
ecological functions and processes.
7.8 Industrial and Port Development
Management Policies
SMP-SU-198 Shoreline sites particularly suitable for development such as deep water harbors with
access to adequate highway and utility systems should be reserved for water-dependent or water-
related industrial and port development.
SMP-SU-2019 In order to provide adequate shoreline for future water-dependent and water-
related uses, industrial or port development at deep water sites should be limited to those uses that
produce the greatest long term economic base.
SMP-SU-210 Industrial and port development that is consistent with this Program should be
protected from encroachment or interference by incompatible uses with less stringent siting
requirements, such as residential or commercial uses.
SMP-SU-221 Mixed use development, including nonwater-dependent uses, should only be
encouraged when itthey includes and supports water-dependent and/or water-enjoyment uses.
SMP-SU-232 Regional needs for port facilities should be carefully considered in reviewing new port
proposals and in allocating shorelines for such development. Such reviews or allocations should be
coordinated with port districts, adjacent counties and cities, and the State.
SMP-SU-243 Existing, officially designated State Harbor Areas should be used for new port
development to the maximum extent whenever possible.
SMP-SU-254 Multiple use of industrial and port facilities is encouraged to limit duplicative facilities
and reduce adverse impacts. New non-water oriented uses should be prohibited on shorelines
except when: a) The use is part of a mixed-use project that includes water-dependent and/or
water-enjoyment uses and provides a significant public benefit with respect to the Shoreline
Management Act’s objectives such as providing public access and ecological restoration; or b)
Navigability is severely limited at the proposed site, and the industrial use provides a significant
public benefit with respect to the Shoreline Management Act’s objectives such as providing public
access and ecological restoration. In areas designated for industrial use, non-water-oriented
industrial uses may be allowed if the site is physically separated from the shoreline by another
property or public right-of-way.
SMP-SU-265 New facilities for water-dependent uses should be considered only after assessment of
the potential for shared use of existing facilities.
SMP-SU-276 Industrial and port developments shall provide opportunities for physical and/or visual
public shoreline access in accordance with the Shoreline Management Act’s public access policies,
including recreational use of undeveloped shorelines not needed for port or industry operations;
provided that, such uses are safely compatible with facility operations.
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SMP-SU-287 Industrial and port development in the shoreline should be located and designed to
avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline
geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, and the
aquatic food chain.
SMP-SU-298 Restoration of impaired shoreline ecological functions and processes should be
encouraged as part of industrial and port development.
Development Regulations
SU-DR-254 Over-water construction of non-water dependent industrial uses is prohibited, except as
follows :
a. Development of an overwater structure for mixed use of water dependent and non-
water dependent water-enjoyment uses;
b. Water-dependent iIndustrial uses of existing over-water buildings may be allowed to
facilitate reuse of existing structures along the waterfront
c. Minor industrial uses that are accessory and clearly incidental to an allowed use may be
provided on publicly owned docks, piers, and properties;
d. Navigability is severely limited at the proposed site, and the industrial use provides a
significant public benefit with respect to the Shoreline Management Act’s objectives such as providing
public access and ecological restoration.
SU-DR-265 Storage and/or disposal of industrial wastes are prohibited within shoreline jurisdiction,
unless specifically listed in SU-DR-26 below.
SU-DR-276 The following may be permitted as an accessory use:
a. Storage of oil, fuel, chemicals, or hazardous materials, provided that they are an accessory to
the main industrial use on the property and that secondary containment and an emergency spill
response plan are included in the proposal.
b. Wastewater treatment and reclamation systems accessory to a permitted use, provided that
alternate inland areas are unavailable and the proposed location, design and operation are
compatible with existing and planned water-oriented uses.
SU-DR-287 Industrial and port facilities shall be located, designed, constructed, and operated so as
to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent
property owners, as well as adjacent shoreline or water uses. Proposed industrial or port facilities
must demonstrate conformance with the following:
a. Comply with all federal, state, regional, and local requirements regarding air and water
quality. No generation of fly-ash, dust, vapors, odors, smoke or other substances shall be
permitted that are harmful to health, animals, vegetation or neighboring properties.
b. Adequate buffers shall be installed to protect adjacent non-industrial uses. Buffers may be
used for outdoor recreation or public access if consistent with public access provisions. Buffers
may not be used for storage or waste disposal.
c. Industrial or port facilities shall be designed and operated to promote joint use of over-water
and accessory facilities such as piers, docks, and storage, whenever practicable.
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d. Protect public views of harbor areas and other vistas. Certain pPrivate views may beare
protected within overlay districts as provided in Title 20 of the City’s municipal codenot
expressly protected.
e. A minimum 4-foot vertical separation between the storage floor surface and the highest
seasonal water is required where unpaved storage areas are proposed.
f. Compliance with all applicable fire safety and storage laws under South Kitsap Fire & Rescue
jurisdiction.
g. Exterior lighting shall be directed away from water bodies or adjacent parcels whenever
practicable.
7.9 Marinas
Management Policies
SMP-SU-3029 Marinas shall meet federal, state, and local standards for health, safety and welfare.
SMP-SU-310 New marinas or redevelopment projects ion existing marinas, shall provide dedicated
public access, particularly where water-enjoyment uses are associated with the marina.
SMP-SU-321 Impacts to shoreline resources from live-aboard vessels should be regulated.
SMP-SU-332 The rights of navigation shall be protected and public boating facilities are encouraged.
SMP-SU-343 Accessory uses at marinas should be limited to water-oriented uses, or uses that
provide physical or visual shoreline access for substantial numbers of the general public.
Development Regulations
SU-DR-298 New marinas and marina expansions should be located, designed, constructed, and
operated so as to minimize impacts to shoreline resources and unnecessary interference with
adjacent residential property owners and adjacent shoreline or water uses. Proposals for new or
expanded facilities shall:
a. Be lLocated with regard to favorable conditions related to prevailing winds, currents,
bathymetrics, and adequate harbor flushing.
b. Comply with all federal, state, regional, and local requirements regarding water quality.
c. Be generally compatible with the general aesthetic quality of the shoreline area. Provide for
adequate upland support facilities.
d. Provide accessory parking and loading areas.
e. Facilitate orderly launching, retrieval, and storage of boats as well as circulation of vehicles
and pedestrians in the vicinity of the marina.
f. HaveMarinas shall make provisionsan emergency plan to minimize and handle accidental
spills of hazardous liquids and wastes.
g. Provide pump-out and on-shore sewage and waste disposal facilities.
SU-DR-3029 Marinas shall provide public access in accordance with this Master Program and the
Shoreline Management Act.
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SU-DR-310 All building materials shall be of a non-reflective material.
SU-DR-321 Individual boathouses are discouraged in new or expanded marinas. Replacement
boathouses at existing marinas are supported.
SU-DR-332 On state-owned aquatic lands within marinas, the number of live-aboard vessel slips are
limited to the provisions identified within WAC 332-30-171.
7.10 Moorage: Docks, Piers and Mooring Buoys
Management Policies
SMP-SU-354 Moorage associated with a single family residence is considered a water-dependent
use provided that it is designed and used as a facility to access watercraft, and other moorage
facilities are not available or feasible. Moorage for water-related and water enjoyment uses or
shared moorage for other types of residential usesmultifamily use should be allowed as part of a
mixed use development or where it also provides public access.
SMP-SU-365 New moorage, excluding docks accessory to single family residences, should be
permitted only when the applicant/proponent has demonstrated that a specific need exists to
support the intended water-dependent or public access use.
SMP-SU-376 Mooring buoys are preferred over docks or floats. Shared moorage facilities are
preferred over single-user moorage where feasible, especially where water use conflicts exist or are
predicted. New residential developments, including single-family subdivisions and multifamily and
mixed-use developments, of more than two lots and new multifamily development of more than
two (2) dwelling units should provide shared moorage.
SMP-SU-387 Docks, piers and mooring buoys, including those accessory to single family residences,
should avoid locations where they will adversely impact shoreline ecological functions or processes,
including currents and littoral drift.
SMP-SU-398 Moorage should be spaced and oriented in a manner that minimizes hazards and
obstructions to public navigation rights and corollary rights thereto such as, but not limited to,
fishing, swimming and pleasure boating, as well as private riparian rights of adjacent land owners.
SMP-SU-4039 Moorage should be restricted to the minimum size necessary to meet the needs of
the proposed use. The length, width and height of piers and docks should be no greater than that
required for safety and practicality for the primaryprincipal use.
SMP-SU-410 In general, pPile supports are preferred over floats because piles do not displace water
surface and intertidal or aquatic habitat and are removable and thus more flexible in terms of long-
term use patterns; however, f. Floats may be less desirable than pile structures where aquatic
habitat or littoral drift are significant.
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SMP-SU-421 The use of buoys for small craft moorage is preferred over piles or float structures
because of lesser long term impact on shore features and users; moorage buoys should be placed as
close to shore as possible to minimize obstruction to navigation.
SMP-SU-432 Shoreline resources and water quality should be protected from overuse by boaters
living on vessels (liveaboards). Boaters permanently living on vessels are restricted to established
marinas with facilities to address waste handling and other sanitary services.
SMP-SU-443 Vessels are prohibitedshould be restricted from extended mooring on waters of the
state unless such moorage is in compliance with the open moorage requirements of WAC 332-30-
139.
SMP-SU-45 No vessel being used as a liveaboard residence shall be moored on waters of the state
outside a marina. authorization is obtained from the DNR and impacts to navigation and public
access are mitigated.
SMP-SU-464 Piers and docks should be constructed of materials that will not adversely affect water
quality or aquatic plants and animals in the long term.
SMP-SU-475 New pier and dock development should be designed so as not to interfere with lawful
public access to or use of shorelines. Developers of new piers and shared moorage should be
encouraged to provide physical or visual public access to shorelines whenever safe and compatible
with the primaryprincipal use and shore features.
Development Regulations
SU-DR-343 Applications for public mooring buoys should include an enforcement and management
plan that describes rules and regulations for public use of state aquatic lands and navigable waters.
SU-DR-354 Private mooring buoys are permitted in Aquatic environments adjacent to Shoreline
Residential, High Intensity, and Urban Conservancy environments.
SU-DR-365 Mooring buoys are subject to permitting requirements and Hydraulic Project Approval
conditions from the Washington State Department of Fish & Wildlife.
SU-DR-376 Mooring buoys shall be located, designed, constructed, and operated so as to minimize
impacts to shoreline resources and unnecessary interference with the right of adjacent property
owners, as well as adjacent shoreline or water uses.
SU-DR-387 A mooring buoy shall secure no more than two boats.
SU-DR-398 Washington Department of Natural Resources (DNR) requires registration for mooring
buoys placed onto state-owned aquatic lands.
SU-DR-4039 No creosote, chromate copper arsenate, or pentachlorophenol treated wood, or other
comparably toxic compounds may be used as part of the in-water decking, pilings, or other
components of any structures such as docks, wharves, piers, marinas, rafts, floats or terminals.
Treated wood may only be used for above water structural framing and is discouraged to be used as
decking, pilings, etc. During maintenance, existing treated wood should be replaced with
alternative non-toxic materials.
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SU-DR-410 Tires are prohibited as part of above or below water structures or where tires could
potentially come in contact with the water. Existing tires used for floatation should be replaced with
inert or encapsulated materials such as plastic or encased foam, during maintenance or repair of the
structure.
SU-DR-421 All foam material must be encapsulated within a shell that prevents breakup or loss of
the foam material into the water and is not readily subject to damage by ultraviolet radiation or
abrasion. During maintenance, existing un-encapsulated foam material should be removed or
replaced.
SU-DR-432 To prevent prop scour, boat mooring areas for new docks, marinas, shipyards and
terminals, mooring buoys, rafts and floats should be located where the water will be deeper than 2
meters (7 feet) at the lowest low water, or where it can be shown that prop scour will not adversely
impact aquatic vegetation or increase suspended sediment loads.
SU-DR-443 The design, location, and construction of docks, floats, and piers, as well as their
subsequent use, should minimize adverse effects on fish, shellfish, wildlife, water quality, and
geohydraulic processes.
SU-DR-454 Docks, piers, and floats should be designed, located and operated to minimize
interference with adjacent water uses. The maximum length of a pier or dock should be the
minimum necessary to accomplish moorage.
Development Standards for new Piers and Docks
Docks, piers, and floats should be designed, located and operated to minimize interference
with adjacent water uses and impacts to fish, shellfish and habitat. The maximum length,
width and surface area of a pier or dock should be consistent with the requirements of WAC
220-660-380 or its successor, and should be the minimum necessary to accomplish moorage
and shore access based on site-specific circumstances as determined by a marine engineer,
as well as potential impacts and mitigation requirements. The maximum width of a residential
pier or dock is 6 feet. The maximum width of a ramp is 4 feet. Ells are not permitted on single-
family residential docks, piers or floats.
Unless otherwise recommended by the Department of Ecology and/or the Department of Fish
and Wildlife based on site-specific review, all decking, and floats 6 feet or less in width shall
include a minimum of thirty percent (30%) functional grating, floats greater than 6 feet in
width shall have a minimum of fifty percent (50%) functional grating, and ramps shall be fully
grated. Functional grating shall not be covered or used as a storage area, and must be
maintained in a condition free of algae, mud or other debris that may impede light
transmission.
The diameter of piling shall not exceed 12 inches and shall be the minimum required for the
purpose based on site-specific circumstances as determined by a marine engineer. New or
replaced piles or structural members of a pile in direct contact with the water shall be
constructed of concrete or steel in accordance with current best management practices and
shall not be treated or coated with herbicides, fungicides or pentachlorophenol. No creosote,
pentachlorophenol, CCA or comparable toxic compounds not approved for marine use shall
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be used for any portion of the overwater or in-water structure of a new or replacement pile,
or a pile wrapping. ACZA treated wood may be used for overwater pile structures as long as
it meets the most recent Post Treatment Procedures established as best management
practices by the American Wood Preservers’ Association and Western Wood Preservers
Institute.
SU-DR-465 Publicly owned dock or pier facilities may not exceed the minimum length required for
moorage.
SU-DR-476 Railings, if provided, should be of open framework design and conform to the Uniform
Building Code where required.
SU-DR-487 Utility service, if provided on docks and piers, should be placed on or under the deck.
Overhead utility service is prohibited. Lighting shall be designed and installed to prevent
unnecessary glare.
SU-DR-498 Docks, piers and floats should be marked as necessary to avoid hazardous conditions for
surface water users.
SU-DR-5049 Structures over three (3) feet in height should not be permitted on a noncommercial
pier, dock, or float, except railings, navigational features, hoists, shielded safety lighting, or other
safety devices. This does not include floating dock pilings.
SU-DR-510 All piers and docks should be constructed an maintained in a safe condition. Abandoned
or unsafe docks and piers should be removed or repaired promptly by the owner. Where any such
structure constitutes a hazard to the public, the City may, following proper notice to the owner,
abate the structure if the owner fails to do so within 90 days, and may impose a lien on the related
shoreline property in an amount equal to the cost of the abatement.
SU-DR-521 Prohibited uses and activities are as follows.
a) Piers, docks, boathouses, and floats used for solely residential purposes (live-aboards are
allowed within established commercial marinas).
b) Piers, docks, and floats on streams.
c) Covered moorage or boathouses over water except within established marinas and boat
repair yards.
d) Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to
accommodate a pier, dock, or float.
7.11 Parking
This section applies to both surface and structure parking facilities. Parking may be a principal use or an
accessory use.
Management Policies
SMP-SU-4778 Parking lots and/or parking within structures to support permitted and conditionally
permitted shoreline uses are is not a preferred use in the shoreline jurisdictions, and should only be
allowedencouraged to support authorized uses where no feasible alternatives exist.-
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SMP-SU-48 The City should explore options for reducing and/or removing publicly-owned parking
lots within the shoreline jurisdiction, including conversion to shoreline public access, public water-
dependent and water-enjoyment uses, and shoreline recreation facilities such as beaches and
fishing areas.
Development Regulations
SU-DR-53 New or redeveloped surface parking areas and parking lots shall be located outside the
shoreline jurisdiction where feasible.
SU-DR-54 Parking for redevelopment in the HI shoreline environment shall meet the requirements
of Appendix C, in addition to all other requirements of this master program.
SU-DR-55 Surface parking as a principal use, including commercial (pay) parking and/or parking for
offsite uses, is not allowed in the Natural, Urban Conservancy, or Shoreline Residential
environments.
SU-DR-56 Stand-alone structure parking is not allowed in the shoreline jurisdiction.
7.12 1 Recreation
Shoreline rRecreational development provides opportunities for play, sports, relaxation, amusement, or
contemplation. It includes facilities for passive recreational activities, such as hiking, photography, and
viewing, and fishing. It also includes facilities for active or more intensive uses such as parks, trails, and
fishing. campgrounds, and golf courses. This section applies to both publicly- and privately-owned
shoreline facilities intended for use by the public or a private club, group, association, or individual.
Management Policies
SMP-SU-4946 Shoreline recreational development should be given priority for shoreline location to
the extent that the use facilitates the public’s ability to reach, touch, and enjoy the water's edge, to
travel on the waters of the state, and to view the water and the shoreline. Where appropriate, such
facilities should be dispersed along the shoreline in a manner that supports more frequent
recreational access and aesthetic enjoyment of the shoreline for a substantial number of people.
SMP-SU-5047 Recreational developments should facilitate appropriate use of shoreline resources
while conserving them. These resources include, but are not limited to: accretion shoreforms,
wetlands, soils, ground water, surface water, native plant and animal life, and shore processes.
SMP-SU-5148 Recreational developments and plans should provide the regional population a varied
and balanced choice of recreation experiences in appropriate locations. Public agencies and private
developers should coordinate their plans and activities to provide a wide variety of recreational
opportunities without needlessly duplicating facilities.
SMP-SU-5249 Trail links between shoreline parks and public access points should be encouraged for
walking or bicycle riding where appropriate. The City of Port Orchard Comprehensive Park Plan and
the Mosquito Fleet Trail Plan should be considered in design and approval of public trail systems.
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SMP-SU-5250 Access to natural areas, including but not limited to shoreline beaches and Blackjack
and Ross Creeks, should be a combination of linear shoreline trails or easements and small parking
or access tracts to minimize user concentration to small portions of the shoreline.
SMP-SU-53531 Recreation facilities should incorporate public education regarding shoreline
ecological functions and processes, the role of human actions on the environment and the
importance of public involvement in shorelines management. Opportunities incorporating
educational and interpretive information should be pursued in design and operation of recreation
facilities and nature trails.
SMP-SU-542 Recreation development should be located only where utility and road capability is
adequate or may be provided without significant damage to shore features commensurate with the
number and concentration of anticipated users.
SMP-SU-553 Cooperative efforts among public and private persons toward the acquisition and/or
development of suitable recreation sites or facilities should be explored to assure long-term
availability of sufficient public sites to meet local recreation needs.
Development Regulations
SU-DR-572 Recreational facilities shall make adequate provisions for:
a. Vehicular and pedestrian access
b. The prevention of overflows and trespasses onto adjacent properties.
c. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value
and enjoyment of adjacent or nearby private or public properties
d. The enforcement of laws and regulations associated with use of the facilities being proposed
e. Water supply, sewage disposal, parking, and garbage collection.
f. Security
g. Maintenance
SU-DR-583 Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion
shoreforms, should be used only for non-intensive recreation activities.
SU-DR-594 Stairways and landings should be located upland of existing bulkheads, banks, and the
OHWM unless integral to a water-dependent use or overwater structure permitted by this Master
Program.
7.13 2 Residential Development
Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels
that are used or intended to be used to provide a dwelling for human beings. Residential development
includes single-family residences, duplexes, other detached dwellings, multifamily residences,
apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit
developments, and short subdivisions. Residential development also includes accessory (aka
appurtenant) uses and structures such as garages, sheds, tennis courts, swimming pools, driveways,
parking areas, fences, cabanas, saunas, and accessory dwelling unitsguest cottages, when allowed by the
underlying zoning. Single-family residences are the most common form of shoreline development and
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are identified as a priority use when developed in a manner consistent with control of pollution and
prevention of damage to the natural environment. Without proper management, single-family
residential use can cause significant damage to the shoreline area through cumulative impacts from
shoreline armoring, storm water runoff, septic systems, introduction of pollutants, and vegetation
modification and removal. Residential development also includes multifamily development and the
creation of new residential lots through land subdivision.
Management Policies
SMP-SU-564 Single family residences are designated as a priority use consistent with RCW 90.58.
SMP-SU-575 New residential development is encouraged to cluster dwelling units together to
reduce physical and visual impacts on shorelines and to reduce utility and road costs. Planned unit
developments that include common open space and recreation facilities, or a variety of dwelling
sizes and types, are encouraged at suitable locations as a preferable alternative to extensive single
lot subdivisions on shorelines. Plats and subdivisions must be designed, configured and developed
in a manner that assures no net loss of ecological functions from full build-out of all lots.
SMP-SU-56 Allowable density of new residential development should comply with applicable
comprehensive plan goals and policies, zoning restrictions, and shoreline area designation
standards.
SMP-SU-587 Structures or development for uses accessory to residential use should preserve
shoreline open space, be visually and physically compatible with adjacent shoreline features, be
reasonable in size and purpose, and result in no net loss of shoreline ecological functions and
processes.
SMP-SU-598 Building heights must be compatible with POMC Title 20, including any height
restrictions required by overlay districts, and any subarea plans adopted in the City’s Comprehensive
Plan. as well as with the View Protection Overlay District Ordinance, and the Downtown Overlay
District.
SMP-SU-6059 New residential development should be planned and built to minimize the need for
shoreline stabilization and flood hazard reduction measures and assures not net loss of ecological
functions.
SMP-SU-610 Measures to conserve native vegetation along shorelines should be required for all
residential development. Vegetation conservation may include avoidance or minimization of
clearing or grading, restoration of areas of native vegetation, and/or control of invasive or non-
native vegetation.
SMP-SU-621 Whenever possible, non-regulatory methods to protect shoreline
ecological functions and other shoreline resources should be encouraged for residential
development. Such methods may include resource management planning, low impact development
techniques, voluntary protection and enhancement projects, education, or incentive programs.
SMP-SU-632 New multi-unit waterfront residential developments, including single-family
residential developments of more subdivision of land for more than four parcels, on waterfront
parcels, should provide substantial shoreline access for development residents and the public,
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unless public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or
legal limitations.
SMP-SU-643 Development should provide open space corridors between structures, and along site
boundaries, so as to provide space for outdoor recreation, preserve views, and minimize use
conflicts.
Development Regulations
SU-DR-6055 Single-family homes may are exempt from the Shoreline Substantial Development
Permit requirements.process, as well as clearing and grading associated with the construction of a
single-family home.
SU-DR-6156 Residential development shall be located and designed to avoid the need for structural
shoreline armoring and flood protection.
SU-DR-6257 Subdivisions or development of more than four dwelling units adjacent to the
waterfront shall dedicate, improve, and provide maintenance provisions for a pedestrian easement
that provides area sufficient to ensure usable access to the shoreline for residents of the
development and the general public. When required, public access easements must comply with
the Public Access section of this Master program.
7.14 3 S horeline Stabilization and Bulkheads
Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings,
businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action.
These actions include structural and nonstructural methods. Shoreline stabilization measures can
include a wide range of works varying from hard vertical walls to vegetation conservation and
enhancement.
Management Policies
SMP-SU-654 New development should be located and designed to avoid the need for future
shoreline stabilization to the extent feasible.
SMP-SU-665 New structural stabilization should only be allowed to protect existing
primaryprincipal structures or in support of new water-dependent uses.
SMP-SU-676 New shoreline stabilization should result in no net loss of ecological functions
SMP-SU-687 The size of stabilization measure should be limited to the minimum necessary. Soft
approaches should be used unless demonstrated not to be sufficient to protect primaryprincipal
structures, dwellings and businesses.
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Development Regulations
SU-DR-6358 Subdivisions of land must ensure the lots created will not require shoreline stabilization
in order for reasonable development to occur, based on using geotechnical analysis of the site and
shoreline characteristics.
SU-DR-6459 New bulkheads will be allowed only if a geotechnical analysis demonstrates danger
and structural damage is likely to a legal primaryprincipal structure.
a. New or enlarged structural shoreline stabilization measures for an existing
primaryprincipal structure, including residences, shall not be allowed unless there is
conclusive evidence, documented by a qualified professional, that the structure is in
danger from shoreline erosion caused by currents or wave action. Normal sloughing,
erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical
analysis, is not demonstration of need. The analysis must evaluate onsite drainage
issues and address drainage problems before considering structural shoreline
stabilization.
b. Supplementary or non-structural stabilization must be shown to be impractical or non-
effective, as demonstrated by a geotechnical report.
c. The report(s) must determine that the stabilization structure will not result in a net loss
of shoreline ecological functions.
SU-DR-650 Replacement bulkheads will be allowed, if soft armoring alternatives are not feasible.
Replacement bulkheads should be placed landward of the OHWM, and will not be allowed
waterward of the existing bulkhead.
SU-DR-661 Alternatives for shoreline stabilization shall be based on the following hierarchy of
preference:
a. No action
b. Flexible stabilization constructed of natural materials incorporating measures such as
soft shore protection and bioengineering, including beach nourishment, protective
berms, or vegetative stabilization.
c. Flexible stabilization, as described above, with rigid works, constructed as a
protective measure.
d. Rigid works constructed of artificial materials such as riprap or concrete.
SU-DR-672 A seawall or bulkhead protecting state or local roads, may be rebuilt or repaired if
deemed necessary by the City Engineer and Shoreline Administrator.
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7.15 4 Signs
The City of Port Orchard recognizes the constitutional right for property owners to communicate using
signs on their property. These policies are intended to ensure that signage within shoreline areas is
consistent with the purpose and intent of the Act and this Program by addressing impacts to ecological
functions, public safety and visual aesthetics.
Management Policies
SMP-SU-698 Signs should be located, designed and maintained to be visually compatible with local
shoreline scenery as seen from both land and water, especially on shorelines of statewide
significance.
SMP-SU-7069 Sign location and design should not substantially impair shoreline views.
SMP-SU-710 All signs shall meet the requirements of POMC Title 20.
SMP-SU-721 Communities, districts, and/or multi-use or multi-tenant commercial developments
are encouraged to erect single, common use gateway signs to identify and give directions to local
premises and public facilities as a preferable alternative to a proliferation of single purpose signs.
SMP-SU-732 Off-premise signs are prohibited. Signs that are not water-dependent or that reduce
public enjoyment of or access to shorelines are not encouraged. Such signs should not be located
on shorelines except for approved community gateway or directional signs.
SMP-SU-743 Free-standing signs should be located to avoid blocking scenic views and be located on
the landward side of public transportation routes which generally parallel the shoreline.
SMP-SU-754 To minimize negative visual impacts and obstructions to shoreline access and use,
low-profile, on-premise wall signs are preferred over free-standing signs or other wall signs.
SMP-SU-765 Moving or flashing signs should be prohibited on shorelines.
SMP-SU-776 Artificial lighting for signs or security should be directed or beamed away from the
water, public streets or adjacent properties.
Development Regulations
SU-DR-683 Signs shall conform to all provisions in POMC Title 20.
7.16 5 Transportation Facilitiesand Parking
Transportation facilities are those structures and developments that aid in land and water surface
movement of people, goods, and services. They include roads and highways, bridges and causeways,
ferry terminals, railroad facilities, and boat and floatplane terminals. The shoreline areas within the City
of Port Orchard and the South Kitsapits outlying Urban Growth Area are dominated by transportation
facilities. Major State Highways and local roads are adjacent to the entire length of the marine
shoreline, parallel to the Sinclair Inlet, and multiple private docks and public passenger-only ferry docks
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are located in the area. Transit interchanges and transportation hubs are vital to the shoreline
connection to major cities and transportation infrastructure that is vital to the local and regional
economy.
Management Policies
SMP-SU-787 New transportation facilities should be located so as to not interfere with existing
public access areas and significant natural, historic, archaeological or cultural sites.
SMP-SU-78 Parking is not a preferred use in shorelines and should only be encouraged to support
authorized uses where no feasible alternatives exist.
SMP-SU-79 New or expanded public transportation facility route selection and development within
the shoreline should be coordinated with related local and state government land use and
circulation planning.
SMP-SU-80 Transportation system route planning, acquisition, and design in the shoreline should
provide space wherever possible for compatible multiple uses such as utility lines, public access,
pedestrian shore access or view points, or recreational trails.
SMP-SU-81 Transportation system plans and transportation projects within shorelines should
provide adequate, safe, and compatible space for non-motorized traffic such as pedestrians and
bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and
mustshould be considered when shoreline rights-of-way ends are being vacated or abandoned.
SMP-SU-82 Public access should be provided to shorelines where safe and compatible with the
primaryprincipal and adjacent use, or should be replaced where transportation development
substantially impairs lawful public access. Viewpoints, parking, trails and similar improvements
should be considered for transportation system projects in shoreline areas, especially where a need
has been identified.
SMP-SU-83 Public transportation routes, particularly arterial highways and railways within the
shoreline, should be located, designed, and maintained to permit safe enjoyment of adjacent shore
areas and properties by other appropriate uses such as recreation or residences. Vegetative
screening or other buffering should be considered.
SMP-SU-84 Efforts to implement waterfront trails including the Mosquito Fleet Trail and Blackjack
Creek Trail should accompany any shoreline transportation projects.
SMP-SU-85 Maintenance and repair of existing roadways and transportation facilities within the
shorelines should not be unduly encumbered by Shoreline Master Program implementation.
Development Regulations
SU-DR-694 When feasible, major new transportation facilities should be located away from the
shoreline.
SU-DR-7065 Roads shall be located to avoid critical areas where possible.
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SU-DR-7166 Roads and waterway crossings are discouraged within wetlands or critical fish and
wildlife conservation areas except when all upland alternatives have been proven infeasible and the
transportation facilities are necessary to support uses consistent with this program.
SU-DR-7267 Roads, bridges, culverts and similar devices are encouraged to afford maximum
protection for fish and wildlife resources.
SU-DR-7368 New transportation facilities should be located in a manner to and encouraged to be
designed to minimize or prevent the need for shoreline protective measures such as riprap or other
bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrading.
SU-DR-7469 Maintenance, repair, and replacement of existing road facilities is encouraged.
SU-DR-7570 Road routes shall make provisions for pedestrian, bicycle, and other non-motorized
modes of travel whenever feasible.
7.17 6 Utilities
Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric
power, water, sewage, communications, oil, gas, stormwater, and the like. The provisions in this section
apply to primaryprincipal use and activities such as sewage treatment plants, sewer lift pumps,
stormwater outfalls and fuel storage facilities. On-site utility features serving a primaryprincipal use,
such as water, sewer or gas line to a residence, are "accessory utilities" and shall be reviewed as
appurtenances to the primaryprincipal use (in this example, the residential use).
Management Policies
SMP-SU-86 New public or private utilities should be located inland from the land/water interface,
preferably out of the shoreline jurisdiction, unless:
a. Perpendicular water crossings are unavoidable; or
b. Utilities are required for authorized shoreline uses consistent with this Program.
SMP-SU-87 Utilities should be located and designed to avoid public recreation and public access
areas and significant natural, historic, archaeological or cultural resources.
SMP-SU-88 Utilities should be located, designed, constructed, and operated to result in no net loss
of shoreline ecological functions and processes with appropriate mitigation.
SMP-SU-89 All utility development should be consistent with and coordinated with all local
government and state planning, including comprehensive plans and single purpose plans to meet
the needs of future populations in areas planned to accommodate growth. Site planning and rights-
of-way for utility development should provide for compatible multiple uses such as shore access,
trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition
should also be coordinated with transportation and recreation planning.
SMP-SU-90 Utilities should be located in existing rights-of-way and corridors whenever possible.
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SMP-SU-91 Utilities serving new development should be located underground, wherever possible.
SMP-SU-92 Development of pipelines and cables on aquatic lands and tidelands, particularly those
running roughly parallel to the shoreline, and development of facilities that may require periodic
maintenance which would disrupt shoreline ecological functions should be discouraged except
where no other feasible alternative exists.
Development Regulations
SU-DR-761 Utility development should provide for compatible, multiple uses of sites and rights-of-
way.
SU-DR-772 Replacement of existing wires, utility poles, and similar existing infrastructure are
permitted and are exempt from shoreline substantial permit requirements.
SU-DR-783 Utilities shall be located adjacent to or within existing utility or circulation easements or
rights-of-way whenever feasible. Joint use of rights-of-way and corridors is encouraged.
SU-DR-794 Utilities shall be located, designed, constructed and operated so as to document no net
loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with
present and planned land and shoreline uses.
SU-DR-8075 Utility distribution lines serving new development including electricity, communications
and fuel lines should be located underground, except where the presence of bedrock or other
obstructions make such placement infeasible. Existing above-ground lines should be moved
underground during normal replacement processes.
SU-DR-8176 Land filling in shoreline jurisdictions for utility facilities or line placement is prohibited.
SU-DR-8277 Clearing of vegetation for the installation or maintenance of utilities should be kept to
a minimum.
SU-DR-83 Within the shoreline jurisdiction, new utility mounting and transmission poles are limited
to 35 feet in height, or the height limit provided for the zone by Title 20, whichever is less.
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CHAPTER 8:
SHORELINE ADMINISTRATION AND PERMIT PROCEDURES
This chapter provides information on contains the provisions regarding the City’s administrative
processes and permit procedures regarding the Shoreline Management Act and the City of Port Orchard
Shoreline Master Program.
8.1 Shoreline Administrator
The City of Port Orchard’s Community Development Director, or his/her designee, shall serve as the
Shoreline Administrator. The Shoreline Administrator shall determine the proper procedure for all
shoreline permit applications, and shall have the authority to grant, condition, or deny shoreline
exemptions and administrative shoreline permits.
8.2 Hearing Examiner
The Hearing Examiner shall have authority to conduct open record public hearings and to grant,
condition, or deny applications for shoreline substantial use, variance, and conditional use permits,
subject to final approval by the Department of Ecology.
8.3 Shoreline Exemptions
A shoreline exemption is a Type I administrative decision, per POMC Section 20.22.020. The Shoreline
Administrator shall promptly issue a letter of exemption if a proposed action any of the criteria below
are met or meets the criteria required byallowed per WAC 173-27-040(2), or is specifically exempted
pursuant to RCW 90.58.030(3)(e).:
Additionally, requirements to obtain a Substantial Development Permit (SDP), Conditional Use Permit,
Variance, letter of exemption, or other review to implement the Shoreline Management Act do not
apply to the following:
(i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at
a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under
chapter 70.105D RCW.
(ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355,
any person installing site improvements for storm water treatment in an existing boatyard
facility to meet requirements of a national pollutant discharge elimination system storm
water general permit.
(iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356,
Washington State Department of Transportation projects and activities meeting the
conditions of RCW 90.58.356 are not required to obtain a Substantial Development Permit,
Conditional Use Permit, Variance, letter of exemption, or other local review.
(iv) Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
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(v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
chapter 80.50 RCW.
Per WAC 173-27-040, exemptions shall be construed narrowly. Only those developments that meet the
precise terms of one or more of the listed exemptions may be granted exemption from the SDP process.
An exemption from the SDP process is not an exemption from compliance with the Shoreline
Management Act or the City’s Shoreline Master Program, nor from any other regulatory requirements.
To be authorized, all uses and developments must be consistent with the policies and provisions of this
Master Program and the Act. The burden of proof that a development or use is exempt from the permit
process is on the applicant.
If any part of a proposed development is not eligible for exemption, then an SDP is required for the
entire proposed development project.
The City may attach conditions to the approval of exempted developments and/or uses as necessary to
assure consistency of the project with the Act and the Master Program.
8.4 Multiple Permits Required
Certain shoreline development or use proposals may require more than one shoreline permit or
decision type (substantial development permit, shoreline conditional use permit, shoreline variance),
and/or may also require additional land use permit approvals such as preliminary plat, conditional use
permit, variance, binding site plan, etc. When more than one permit type is required for a shoreline
development or use, all permit applications will be processed and reviewed concurrently according to
the highest permit type (Types I-V) as specified in POMC 20.20 and 90.58.140, or as hereafter amended.
If there is any conflict between the requirements of these regulations, the more stringent requirement
shall control.
.
a) Any development of which the total cost or fair market value, whichever is higher, does not
exceed the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor. For
purposes of determining whether or not a permit is required, the total cost or fair market value shall be
based on the value of development that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market
value of any donated, contributed or found labor, equipment or materials;
b) Normal maintenance or repair of existing structures or developments, including damage by
accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse,
or cessation from a lawfully established condition. "Normal repair" means to restore a development to a
state comparable to its original condition, including but not limited to its size, shape, configuration,
location and external appearance, within a reasonable period after decay or partial destruction, except
where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a
structure or development may be authorized as repair where such replacement is the common method
of repair for the type of structure or development and the replacement structure or development is
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comparable to the original structure or development including but not limited to its size, shape,
configuration, location and external appearance and the replacement does not cause substantial
adverse effects to shoreline resources or environment;
c) Construction of the normal protective bulkhead common to single-family residences. A "normal
protective" bulkhead includes those structural and nonstructural developments installed at or near, and
parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family
residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is
not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is
being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be
used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting
the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary
for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water
mark has been established by the presence and action of water landward of the bulkhead then the
replacement bulkhead must be located at or near the actual ordinary high water mark. Beach
nourishment and bioengineered erosion control projects may be considered a normal protective
bulkhead when any structural elements are consistent with the above requirements and when the
project has been approved by the department of fish and wildlife.
d) Emergency construction necessary to protect property from damage by the elements. An
"emergency" is an unanticipated and imminent threat to public health, safety, or the environment which
requires immediate action within a time too short to allow full compliance with this chapter. Emergency
construction does not include development of new permanent protective structures where none
previously existed. Where new protective structures are deemed by the administrator to be the
appropriate means to address the emergency situation, upon abatement of the emergency situation the
new structure shall be removed or any permit which would have been required, absent an emergency,
pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency
construction shall be consistent with the policies of chapter 90.58 RCW and the local master program.
As a general matter, flooding or other seasonal events that can be anticipated and may occur but that
are not imminent are not an emergency;
e) Construction and practices normal or necessary for farming, irrigation, and ranching activities,
including agricultural service roads and utilities on shorelands, construction of a barn or similar
agricultural structure, and the construction and maintenance of irrigation structures including but not
limited to head gates, pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all
processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by
leveling or filling other than that which results from normal cultivation, shall not be considered normal
or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of
being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for
growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock
wintering operations;
f) Construction or modification of navigational aids such as channel markers and anchor buoys;
g) Construction on shorelands by an owner, lessee or contract purchaser of a single-family
residence for their own use or for the use of their family, which residence does not exceed a height of
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thirty-five feet above average grade level and which meets all requirements of the state agency or local
government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58
RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family
including those structures and developments within a contiguous ownership which are a normal
appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family
residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a
statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of
a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which
does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local
circumstances may dictate additional interpretations of normal appurtenances which shall be set forth
and regulated within the applicable master program. Construction authorized under this exemption
shall be located landward of the ordinary high water mark;
h) Construction of a dock, including a community dock, designed for pleasure craft only, for the
private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-
family residences. A dock is a landing and moorage facility for watercraft and does not include
recreational decks, storage facilities or other appurtenances. This exception applies if either:
(i) In salt waters, the fair market value of the dock does not exceed two thousand five hundred
dollars; or
(ii) In fresh waters the fair market value of the dock does not exceed ten thousand dollars, but if
subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs
within five years of completion of the prior construction, the subsequent construction shall be
considered a substantial development for the purpose of this chapter.
i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other
facilities that now exist or are hereafter created or developed as a part of an irrigation system for the
primary purpose of making use of system waters, including return flow and artificially stored
groundwater from the irrigation of lands;
j) 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;
k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on
September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural
drainage or diking system;
l) Any project with a certification from the governor pursuant to chapter 80.50 RCW;
8.3.15 Site exploration and investigation activities that are prerequisite to preparation of an application
for development authorization under this chapter, if:
(i) The activity does not interfere with the normal public use of the surface waters;
(ii) The activity will have no significant adverse impact on the environment including but not
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limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
(iii) The activity does not involve the installation of any structure, and upon completion of the
activity the vegetation and land configuration of the site are restored to conditions existing before the
activity;
(iv) A private entity seeking development authorization under this section first posts a
performance bond or provides other evidence of financial responsibility to the local jurisdiction to
ensure that the site is restored to preexisting conditions; and
(v) The activity is not subject to the permit requirements of RCW 90.58.550;
m) The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020,
through the use of an herbicide or other treatment methods applicable to weed control that are
recommended by a final environmental impact statement published by the department of agriculture or
the department of ecology jointly with other state agencies under chapter 43.21C RCW;
n) Watershed restoration projects as defined herein. Local government shall review the projects
for consistency with the shoreline master program in an expeditious manner and shall issue its decision
along with any conditions within forty-five days of receiving all materials necessary to review the
request for exemption from the applicant. No fee may be charged for accepting and processing requests
for exemption for watershed restoration projects as used in this section.
(i) "Watershed restoration project" means a public or private project authorized by the sponsor
of a watershed restoration plan that implements the plan or a part of the plan and consists of one or
more of the following activities:
(i) A project that involves less than ten miles of streamreach, in which less than twenty-
five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no
existing vegetation is removed except as minimally necessary to facilitate additional plantings;
(ii) A project for the restoration of an eroded or unstable stream bank that employs the
principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank,
and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
(iii) A project primarily designed to improve fish and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens
of the state, provided that any structure, other than a bridge or culvert or instream habitat
enhancement structure associated with the project, is less than two hundred square feet in floor area
and is located above the ordinary high water mark of the stream.
(ii) "Watershed restoration plan" means a plan, developed or sponsored by the department of
fish and wildlife, the department of ecology, the department of natural resources, the department of
transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a
county, or a conservation district that provides a general program and implementation measures or
actions for the preservation, restoration, re-creation, or enhancement of the natural resources,
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character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and
public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act;
o) A public or private project that is designed to improve fish or wildlife habitat or fish passage,
when all of the following apply:
(i) The project has been approved in writing by the department of fish and wildlife;
(ii) The project has received hydraulic project approval by the department of fish and wildlife
pursuant to chapter 77.55 RCW; and
(iii) The local government has determined that the project is substantially consistent with the
local shoreline master program. The local government shall make such determination in a timely
manner and provide it by letter to the project proponent.
Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined
to be consistent with local shoreline master programs, as follows:
(i) In order to receive the permit review and approval process created in this section, a
fish habitat enhancement project must meet the criteria under (p)(iii)(A)(I) and (II) of this subsection:
(I) A fish habitat enhancement project must be a project to accomplish one or
more of the following tasks:
• Elimination of human-made fish passage barriers, including culvert repair and replacement;
• Restoration of an eroded or unstable streambank employing the principle of bioengineering,
including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on
using native vegetation to control the erosive forces of flowing water; or
• Placement of woody debris or other instream structures that benefit naturally reproducing fish
stocks.
The department of fish and wildlife shall develop size or scale threshold tests to determine if projects
accomplishing any of these tasks should be evaluated under the process created in this section or under
other project review and approval processes. A project proposal shall not be reviewed under the process
created in this section if the department determines that the scale of the project raises concerns
regarding public health and safety; and
(II) A fish habitat enhancement project must be approved in one of the following
ways:
• By the department of fish and wildlife pursuant to chapter 77.95 or 77.100 RCW;
• By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
• By the department as a department of fish and wildlife-sponsored fish habitat enhancement or
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restoration project;
• Through the review and approval process for the jobs for the environment program;
• Through the review and approval process for conservation district-sponsored projects, where the
project complies with design standards established by the conservation commission through
interagency agreement with the United States Fish and Wildlife Service and the natural resource
conservation service;
• Through a formal grant program established by the legislature or the department of fish and
wildlife for fish habitat enhancement or restoration; and
• Through other formal review and approval processes established by the legislature.
(ii) Fish habitat enhancement projects meeting the criteria of (p)(iii)(A) of this subsection
are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat
enhancement projects meeting the criteria of (p)(iii)(A) of this subsection and being reviewed and
approved according to the provisions of this section are not subject to the requirements of RCW
43.21C.030 (2)(c).
(iii)(I) A hydraulic project approval permit is required for projects that meet the criteria
of (p)(iii)(A) of this subsection and are being reviewed and approved under this section. An applicant
shall use a joint aquatic resource permit application form developed by the office of regulatory
assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies
of the completed application form to the department of fish and wildlife and to each appropriate local
government. Local governments shall accept the application as notice of the proposed project. The
department of fish and wildlife shall provide a fifteen-day comment period during which it will receive
comments regarding environmental impacts. Within forty-five days, the department shall either issue a
permit, with or without conditions, deny approval, or make a determination that the review and
approval process created by this section is not appropriate for the proposed project. The department
shall base this determination on identification during the comment period of adverse impacts that
cannot be mitigated by the conditioning of a permit. If the department determines that the review and
approval process created by this section is not appropriate for the proposed project, the department
shall notify the applicant and the appropriate local governments of its determination. The applicant may
reapply for approval of the project under other review and approval processes.
8.5 Shoreline Substantial Development Permits
Shoreline Substantial Development Permits (“SDPs”) are required for all developments (unless
specifically exempt) that meet the legal definition of “substantial development.” A “substantial
development” is any development which meets the criteria of WAC 173-27-040(2)(a) or its successor, or
any development which materially interferes with the normal public use of the water or shorelines of
the state, or as specifically exempted pursuant to RCW 90.58.030(3)(e).
SDPs are reviewed and processed by local governments and subsequently sent to Ecology. Under WAC
173-27-150, substantial development permits cannot be approved unless they are consistent with
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policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program.
The City may condition a permit if needed to ensure consistency of the project with the Act and the
City’s Master Program.
Certain proposed development activities and uses may qualify for processing as an administrative SDP
subject to Section 8.4.1.1. An administrative SDP is a Type II decision per POMC Section 20.22.020. If a
development activity or use does not qualify for an administrative SDP, it will be processed as a regular
SDP, which is a Type III decision per POMC Section 20.22.020, and requires a public hearing before the
City’s hearing examiner.
8.54.1 Administrative Shoreline Substantial Development Permits - Administrative
Substantial development permits (“SDPs”) are required for all developments (unless specifically exempt)
that meet the legal definition of “substantial development,” but may qualify for processing as an
administrative permit subject to Section 8.4.1.
SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing.
Under WAC 173-27-150, substantial development permits cannot be approved unless they are
consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local
master program. Local government may condition the approval of permits if needed to ensure
consistency of the project with the act and the local master program.
“Substantial development” shall mean any development of which the total cost or fair market value
exceeds the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor, or
any development which materially interferes with the normal public use of the water or shorelines of
the state.
8.54.1.1 Development Activities
Development aActivities that meet one or more of the following criteria and exceed the exemption
thresholds shall be processed as an administrative SDPshoreline substantial development permit:
(a) The remodel, rehabilitation, or other development activities that significantly alter the
exterior of an existing building (e.g., adding a fire escape to a building exterior). Minor modifications
such as roof replacement, changes in window or door openings, or new siding may qualify as a shoreline
exemption;
(b) Expansions of existing buildings that do not exceed a total of 1,000 square feet, will not
exceed one-story in height, and will not increase the height of an existing roof;
(c) Temporary buildings or other activities that do not qualify as an exemption because
they may have a temporary adverse impact on public views, aesthetics, or public access;
(d) Public access and other associated amenities that are located landward of the OHWM
and the fair market value does not exceed $50,000;
(e) Underground utility improvements, including utility extensions, within an existing right-
of-way;
(f) Installation of public art.
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8.54.1.2 Permit Process
Administrative shoreline permits will be processed as an administrative (Type II) permit in accordance
with the requirements of POMC 20.2216.06 and RCW 90.58.140, or as hereafter amended. If there is
any conflict between the requirements of these regulations, the more stringent requirement shall
control. Public notice and a comment period are required.
8.5.25 Shoreline Substantial Development Permits – Hearing Examiner
Substantial development permits (“SDPs”) are required for all developments (unless specifically
exempt) that meet the legal definition of "substantial development."
SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing.
Under WAC 173-27-150, substantial development permits cannot be approved unless they are
consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local
master program.Local government may condition the approval of permits if needed to ensure
consistency of the project with the act and the local master program.
8.5.2.1. Development Activities.
Substantial development permits that do not qualify for administrative review and approval under 8.4.1
shall be processed as a hearing examiner decision (Type III) permit in accordance with the requirements
of POMC 20.22 and RCW.90.58.140, or as hereafter amended. If there is any conflict between the
requirements of these regulations, the more stringent requirement shall control.
"Substantial development" shall mean any development of which the total cost or fair market value
exceeds the amount currently established and in effect per WAC 173-27-040(2)(a) or its successor, or
any development which materially interferes with the normal public use of the water or shorelines of
the state.
8.5.2.2. Permit Process
Hearing examiner shoreline substantial development permits will be processed as a quasi-judicial (Type
III) permit in accordance with the requirements of POMC 20.22 and RCW 90.58.140, or as hereafter
amended. If there is any conflict between the requirements of these regulations, the more stringent
requirement shall control.
8.6 Shoreline Conditional Use Permits
8.6.1 Description
A Shoreline Conditional Use Permits (SCUP) is a Type III (quasi-judicial) decision per POMC 20.22.020,
and requires a public hearing and decision by the City’s hearing examiner. An SCUP allows greater
flexibility in applying use regulations of the shoreline master program. A CUP is needed if a proposed use
is listed as a conditional use in a local government's environment designation, or if the SMP does not
address the use. A CUP may be required even if a proposed use is otherwise exempt from permit
requirements. A development or use that is listed as a conditional use in the use table in 7.1, or that is
not listed in the use table in 7.1, must obtain an SCUP even if the development or use does not require a
substantial development permit or is otherwise exempt from permit requirements. A development or
use that is listed as “prohibited” in the use table in 7.1 cannot be approved through an SCUP.
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8.6.2 Criteria for Granting Shoreline Conditional Use Permits
Uses which are classified or set forth in the applicable master program as conditional uses may be
authorized provided that the applicant demonstrates all of the following:
1. That the proposed use is consistent with the policies of the SMA (RCW 90.58.020) and
the master program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program;
4. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
6. Conditional uses must also meet criteria in WAC 173-27-140 which apply to all
development.
Some proposals may require both a shoreline substantial development permit (Type I administrative or
Type II hearing examiner) and a shoreline conditional use permit. Other proposals that are not a
"substantial development" and are exempt from receiving an SDP might require a shoreline conditional
use permit.
8.6.3 Conditional Use Permit Process
Shoreline Conditional Use Permits are subject to processing under POMC 20.22.050, RCW 90.58.140
and WAC 173-27-160. 16.06 and 16.07. They are administered by the Shoreline Administrator or his/her
designee, and are subject to public notice, public comment, a public hearing and SEPA requirements.
City-approved SCUPs are sent to Ecology at the end of the local appeal period. Ecology must either
approve, deny or condition every SCUP within 30 days of receiving a complete permit application.
8.7 Shoreline Variances
8.7.1 Description
Shoreline vVariances are requests to adjust the applicable setback and/or bulk and dimensional
requirements of the SMP where there are extraordinary or unique circumstances relating to the subject
property such that the strict implementation of the SMP requirements would impose unnecessary
hardship on the applicant or thwart the policies set for in RCW 90.58.020. TWhen a development
and/or use is proposed that does not comply with the bulk, dimensional and performance standards of
the master program, such development can only be authorized by approval of a variance.he City has two
types of variances; shoreline variances, and administrative shoreline variances. A variance cannot be
approved to permit a use that is listed as “prohibited” in the use table in 7.1.
Certain variance requests may qualify for processing as an administrative variance subject to Section
8.7.2. An administrative variance is a Type II decision per POMC Section 20.22.020. If a variance request
does not qualify for an administrative variance, it will be processed as a regular variance, which is a Type
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III (quasi-judicial) decision per POMC Section 20.22.020, and requires a public hearing and a decision by
the City’s hearing examiner.
8.7.2 Criteria for Granting Shoreline Variances
Any variance request must meet the requirements listed below, depending on whether an
administrative (Type II) or hearing examiner (Type III) variance is requested. Variances for prohibited
uses are not allowed.
8.7.3 Shoreline Variances - Administrative
8.7.32.1 Criteria for granting administrative (Type II)upland shoreline variances
A request for Development that requires an administrative shoreline variance must demonstrate that
the development or use meets all of the criteria below, in order to be approved:
1. The development and/or use is located landward of the ordinary high water mark (OHWM)
as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as defined in RCW
90.58.030(2)(h); and
2. The maximum relief requested by the variance deviates from the applicable bulk,
dimensional or performance standard(s) in the City’s master program by no more than 20%
of each applicable standard; and
3. The development and/or use meets all of the criteria of WAC 173-27-170(2).
If the administrative variance request meets the criteria for 3. above, but does not meet the criteria for
both 1. and 2., an administrative variance cannot be granted, but a hearing examiner (Type III) shoreline
variance may be requested.
1. That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes, or significantly interferes with, reasonable use
of the property;
2. That the hardship described in (a) of this subsection is specifically related to the
property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the master program, and not, for example, from
deed restrictions or the applicant's own actions.
3. That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and shoreline master
program and will not cause adverse impacts to the shoreline environment;
4. That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
5. That the variance requested is the minimum necessary to afford relief; and
6. That the public interest will suffer no substantial detrimental effect.
8.7.4 Shoreline Variances – Hearing Examiner
8.7.4.1 When a hearing examiner (Type III) shoreline variance is required.
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A development proposal does not qualify to request an administrative (Type II) shoreline variance if
either or both of the criteria below are met, and a hearing examiner shoreline variance must be
requested:
1. The development or use will be located waterward of the ordinary high water mark
(OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW
90.58.030(2)(h);
2. The relief requested by the variance deviates from the applicable bulk, dimensional or
performance standard(s) in the City’s master program by more than 20% of any applicable
standard.
8.7.42.21 Criteria for granting hearing examineroverwater (Type III) shoreline variances
A request for a hearing examiner variance must demonstrate that the development or use will meet all
of the criteria below, as applicable, in order to be approved:
1. If the development or use will be located waterward of the ordinary high water mark
(OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW
90.58.030(2)(h), it must meet the criteria of WAC 173-27-170(3).
2. For all variance requests, the development and/or use must meet all of the criteria of WAC
173-27-170(2).
Overwater variance may be granted provided that they meet criteria 2 through 6 in 8.7.2.1 above, as
well as the following:
1. That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
2. That the public rights of navigation and use of the shorelines will not be adversely
affected.
8.7.53 PermitVariance Process
Requests for a shoreline variance (Type II or Type III) are administered by the Shoreline Administrator or
his/her designee, and are subject to public notice, public comment, a public hearing (Type III only) and
SEPA requirements. City-approved shoreline variances are sent to Ecology at the end of the local appeal
period. Ecology must either approve, deny or condition every shoreline variance within 30 days of
receiving a complete permit application.
Requests for a variance from the regulations in this Master Program shall be submitted on forms
provided by the city and are administered by the Shoreline Administrator or his/her designee. Variance
requests are subject to public notice, public comment, a public hearing (for regular variances) and SEPA
requirements, and are subject to the requirements of WAC 173-27. Administrative variances are subject
to public notice, but not public hearings, unless appealed.
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8.8 Table of Permits and Procedures
Permit Type Decision Maker Public Notice Notes
Shoreline
Exemption
Shoreline
Administrator
N/A List of exemptions in
Section 8.3 above
Administrative
Shoreline
Substantial
Development
Shoreline
Administrator
a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.4
Shoreline
Substantial
Development
Permit
Hearing Examiner a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.5
Adminstrative
Conditional Use
Permit
Shoreline
Administrator
Dept. of Ecology
a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.6
Conditional Use
Permit
Hearing Examiner
Dept. of Ecology
a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.6
Administrative
Variance
Shoreline
Administrator
Dept. of Ecology
a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.7
Variance Hearing Examiner
Dept. of Ecology
a. Notice mailed to
property owners within
300 feet.
b. Notice posted on-site
c. Notice published in
newspaper of record
See section 8.7
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8.9 Public Notice
Public notice shall be provided consistent with the City’s permit processing regulations in POMC Title 20.
8.10 Public Hearings
Public hearings shall be conducted by the Hearing Examiner in accordance with the City’s permit
processing regulations in POMC Title 20.
8.11 SEPA Review
Project review conducted pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C , shall
occur concurrently with project review set forth in this Master Program and the City’s SEPA regulations
in POMC Title 20.
8.812 Appeals
The granting, denying or rescinding of a shoreline substantial development permit, shoreline conditional
use permit or shoreline variance may be appealed to the state shoreline hearings board as provided in
RCW 90.58.180.
8.12.1 Local appeals of decisions by the Shoreline Administrator are subject to Hearing Examiner
review. Appeals of Hearing Examiner decisions are subject to review by City Council in accordance with
POMC Title 20.
18.12.2 Appeals of a final decision of the City of Port Orchard or the Department of Ecology shall be filed
within 21 days of the date of decision and shall be heard by the Shorelines Hearings Board in pursuant to
the procedures and timelines of RCW 90.58.180.
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CHAPTER 9: NONCONFORMINGEXISTING DEVELOPMENT AND
USES
Nonconforming development includes shoreline uses and structures which were lawfully constructed,
established, or created prior to the effective date of the Shoreline Management Act or the Master
Program, or amendments thereto, but which do not conform to present regulations or standards of the
Master Program or policies of the Act. In such cases, the standards of this Chapter shall apply.
Redevelopment or expansion of nonconforming development and uses located within the High Intensity
shoreline environment may occur consistent with the requirement of Appendix CE.
9.1 NonconformingExisting Uses
Nonconforming uses include shoreline uses which were lawfully established prior to the effective date
of the Act or the Master Program, or amendments thereto, but which do not conform to present
regulations or standards of the Master Program or policies of the Act. The continuance of a
nonconforming use is subject to the following standards:
a. Change of ownership, tenancy, or management of a nonconforming use shall not affect its
nonconforming status, provided, that the use does not change or intensify.
b. Additional development of any property on which a nonconforming use exists shall require that
all new uses conform to this Master Program and the Act.
c. If a nonconforming use is converted to a conforming use, no nonconforming use may be
resumed without a shoreline variance.
d. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days, it
shall lose its nonconforming status, and the continued use of the property shall be required to
conform to the provisions of this Master Program and the Act, or obtain a shoreline variance.
A use which is listed as a conditional use but which existed prior to adoption of the Master Program for
which a Conditional Use Permit has not been obtained shall be considered a nonconforming use.
9.2 NonconformingExisting Structures
1) Nonconforming structures include shoreline structures which were lawfully constructed or placed
prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not
conform to present bulk, height, dimensional, setback, or density requirements. Nonconforming
structures may continue even though the structures fail to conform to the present requirements of the
environmental designation in which they are located. A nonconforming structure may be maintained as
follows:
a. Necessary repairs and alterations that do not increase the degree of nonconformity may be
made to nonconforming structures.
b. A nonconforming building or structure may be repaired and maintained, and replaced as
provided in and as limited by this section and by Appendix CE. Any maintenance or repair shall
be within the existing building or structure footprint and shall not increase the degree of
nonconformity.
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c. Changes to interior walls or non structural improvements may be made to nonconforming
buildings or structures.
d. A nonconforming building or structure that is located within the High Intensity shoreline
designation, and that is nonconforming as to the bulk, dimensional and density requirements of
this Master Program, may be added to or enlarged if such addition or enlargement conforms to
the regulations of the zoning district and the shoreline environment designation, provided that
the addition or enlargement is consistent with the standards of Appendix CE.
e. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
2) Residential structures shall be deemed “conforming” and not subject to the provisions of this Section
9.2 under the following conditions:
a. the residential structure or appurtenant structure was legally established and used for a
conforming use when established;
b. the residential structure or appurtenant structure is not an over-water structure;
c. the residential structure or appurtenant structure is non-conforming solely because it no longer
meets the current standards for: setbacks, buffers, or yards; area; bulk; height; or density; and
d. redevelopment, expansion, change of occupancy class, or replacement of the residential structure
is consistent with the master program, including requirements for no net loss of shoreline
ecological functions.
For purposes of this provision, "appurtenant structures" means garages, sheds, and other legally
established structures. "Appurtenant structures" does not include bulkheads and other shoreline
modifications or over-water structures. Nothing in this section affects the application of other federal,
state, or local government requirements to residential structures.
9.3 NonconformingExisting Lots
Undeveloped lots, tracts, parcels or sites located landward of the ordinary high water mark that were
established prior to the effective date of the Act and this Master Program, but that do not conform to
the present lot size or density standards are considered nonconforming lots of record and are legally
buildable subject to the following conditions:
a. All new structures or additions to structures on any nonconforming lot must meet all setback,
height, and other construction requirements of this Master Program, the Act, and the
underlying zoning requirements, and must also comply with the City’s applicable design,
building, and engineering standards.
b. Lot or boundary line adjustments must be reviewed and approved by the City of Port Orchard
Planning Department, so as not to create further nonconformities.
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CHAPTER 10: SHORELINE ENFORCEMENT AND PENALTIES
10.1 Shoreline Enforcement
The choice of enforcement action and the severity of any penalty should be based on the nature of the
violation and the damage or risk to the public or to public resources. The existence or degree of bad
faith of the persons subject to the enforcement action, the benefits that the violator enjoys, and the
cost of obtaining compliance should be considered. The City’s Shoreline Administrator and the City’s
Code Enforcement Officer, or his/her designees, are authorized to enforce the City’s shoreline master
program.
10.2 Penalties
Any person found to have willfully engaged in activities on the City’s shorelines in violation of the
Shoreline Management Act of 1971 or in violation of the City’s Master Program, rules or regulations
adopted pursuant thereto shall be subject to the enforcement and penalty provisions of POMC Chapter
20.02, or as amended hereafter. The penalty provided for in this section shall be imposed by a notice in
writing, either by certified mail with return receipt requested, or by personal service to the person
incurring the same from the City.
10.2.1 Noncompliance – Any person who fails to conform to the terms of a permit issued under this
Master Program, or who undertakes a development or use on the shorelines of the state without first
obtaining a permit required by this Master Program, or who fails to comply with a Cease and Desist
Order, a Stop Work Order, or abatement notice, issued under these regulations in compliance with the
City’s enforcement regulations (POMC 20.02) shall also be subject to a civil or criminal penalty in
accordance with POMC 20.02 for each violation. Each permit violation and/or each day of continued
use or development without a required permit shall constitute a separate violation.
Should the Shoreline Administrator or Code Enforcement Officer have reasonable cause to believe that
the situation is so adverse as to preclude written notice, he may take the measures to eliminate the
hazardous situation; provided, that he shall first make a reasonable effort to located the owner or
responsible party before acting. In such instances, the person or persons holding title to the subject
property shall be obligated for the payment to the city of all costs incurred by the city.
10.2.2 Aiding and Abetting – Any person who, through an act of commission or omission, or procedures,
aids or abets a violation shall be considered to have committed a violation to be punished by a civil
penalty.
10.2.3 Abatement – Within thirty (30) days of written notice of violation, a Cease and Desist Order, or
Stop Work order, if no agreement for remission or mitigation can be agreed upon, the City may acquire
jurisdiction to abate the condition at the violators expense in accordance with POMC Chapter 20.02.
Upon abatement of the violation or condition, or any portion thereof by the City, all expenses thereof
shall constitute civil debt owing to the City jointly and separately by the persons who have been given
notice as provided herein. The debt shall be collectable in the same manner as any other civil debt
owing to the City, including placement of a lien against the affected property at the office of the Kitsap
County Auditor.
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10.2.4 Mandatory Civil Penalties – Issuance of civil penalties is mandatory in the following instances:
a) The violator has ignored the issuance of an order or notice of violation by the City.
b) The violation causes or contributes to significant environmental damage to shorelines of the state, as
determined by the City or the Department of Ecology.
c) A person causes, aids, abets in a violation within two (2) years after issuance of a similar regulatory
order, notice of violation, or penalty by the City or the Department against said person.
10.3 Violations – Subsequent Development and Permits
No building permit or other development permit shall be issued for any parcel of land developed or
divided in violation of this Master Program after it was in effect. The Shoreline Administrator or Code
Enforcement Officer shall bring actions as are necessary to insure that no uses are made of the
shorelines of the state in conflict with the provisions of the Act and/or of this Master Program, and to
otherwise enforce the provisions of both.
10.4 Public and Private Redress
10.4.1 Any person subject to the regulatory program of the Master Program who violates any provision
of the Master Program or conditions of a permit issued pursuant to the SMP shall be liable for all
damages to public or private property arising from such violation, including the cost of restoring the
affected area to its condition prior to such violation. Further, a civil infraction may be issued by the
Code Enforcement Officer in accordance with POMC Chapter 20.02.
10.4.2 Whenever any condition on or use of property causes or constitutes or reasonably appears to
cause or constitute and imminent danger to the health or safety of the public or a significant portion
thereof, the enforcement officer shall have the authority to summarily and without notice abate the
same. The expenses of such abatement shall become a civil debt against the owner or other responsible
party and be collected as provided in POMC Chapter 20.02.
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CHAPTER 11:
MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION
11.1 Master Program Review
This Master Program shall be periodically reviewed and adjustments shall be made as are necessary to
reflect changing local circumstances, new information, improved data, and changes in State statutes and
regulations. This review process shall be consistent with WAC 173-26 requirements and shall include a
local citizen involvement effort and public hearings consistent with state and local requirements.
11.2 Amendments to the Shoreline Master Program
Any provisions of this Master Program may be amended as provided for in RCW 90.58.120 and
90.58.200 and WAC 173-26. Amendments or revision to the Master Program, as provided by law, do not
become effective until approved by the Washington State Department of Ecology.
Proposals for changes to shoreline environment designations must demonstrate consistency with the
criteria set forth in WAC 173-22-040
11.3 Severability
If any provisions of this Master Program, or its application to any person or legal entity or parcel of land
or circumstances is held invalid, the remainder of the Master Program, or the application of the
provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected.
11.4 Effective Date
This Master Program shall take effect on ***, 2021March 28, 2013 and shall apply to new applications
submitted on or after that date and to incomplete applications submitted prior to that date.
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CHAPTER 12: DEFINITIONS
Accessory Building – A separate building attached to or detached from the principal building and used
for purposes customarily incidental to the use of the principal building. Accessory buildings can include,
but are not limited to: garage, shed, playhouse, cabana, hobby room, etc.
Accessory Dwelling Unit (ADU) – A separate, complete swelling unit attached to or contained within the
structure of the primaryprincipal dwelling; or contained within a separate structure that is accessory to
the primaryprincipal dwelling unit on the premises.
Accessory Use – A use on the same lot with, and of a nature customarily incidental and subordinate to,
the principal use or structure.
Accretion – The growth of a beach by the addition of material transported by wind and/or water.
Included are such shoreforms as barrier beaches, points, spits, and hooks.
Act – The Shoreline Management Act of 1971, as amended (RCW Chapter 90.58).
Activity – An occurrence associated with a use; the use of energy toward a specific action or pursuit
including, but not limited to fishing, boating, swimming, shellfish harvest, etc.
Administrator – The Shoreline Administrator is the City of Port Orchard Development Director, or
designee, charged with administering the Shoreline Master Program.
Agriculture - The cultivation of soil, production of crops, and/or raising of livestock.
Agricultural activities – Agricultural uses and practices including, but not limited to: producing,
breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land
used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing
land used for agricultural activities to lie dormant as the result of adverse agricultural market conditions;
allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state
or federal conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining,
repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the
shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
Agricultural products – Agricultural products includes, but is not limited to, horticultural, viticultural,
floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, see, and apiary products; feed or
forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock including both the animals themselves and
animal products including, but not limited to, mean, upland finfish, poultry and poultry products, and
dairy products.
Agricultural equipment and agricultural facilities – Includes, but is not limited to:
a) The following used in agricultural operations: Equipment machinery; constructed shelters,
buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance,
and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and
drains.
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b) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and
within agricultural lands
c) Farm residences and associated equipment, lands, and facilities
d) Roadside stands and on-farm markets for marketing fruit or vegetables
Agricultural land – Those specific land areas on which agricultural activities are conducted as of the date
of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography
or other documentation. After the effective date of the master program, land converted to agricultural
use is subject to compliance with the requirements of the master program.
Amendment – A revision, update, addition, deletion and/or reenactment to the Port Orchard SMP.
Anadromous Fish – Species, such as salmon, which are born in fresh water, spend a large part of their
lives in the sea, and return to freshwater rivers and streams to spawn and reproduce.
Approval – An official action by the City of Port Orchard agreeing to submit a proposed SMP or
amendments to the Department of Ecology for review and official action pursuant to the SMA.
Appurtenant Structure or Building – A structure or building that is secondary to or which supports
the use of the primaryprincipal structure or building on the site, serving a purpose customarily
associated with and incidental to the primaryprincipal structure. Examples: decks, garages,
parking lots and patios.
Aquaculture – The culture and farming of fish, shellfish, or other aquatic plants and animals.
Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock
geoduck fishery or upland finfish.
Aquatic - All water bodies, including marine waters, lakes, rivers, and streams and their respective
water columns and underlying lands, which are defined as shorelines of the state.
Archaeology – The systematic recovery by scientific methods of material evidence remaining from
human life and culture in past ages, and the detailed study of this evidence.
Assessed Value – The value of land and/or improvements as determined by the Kitsap County Assessor.
Associated Wetlands – Those wetlands that are in proximity to and either influence, or are influenced
by tidal waters or a lake or stream subject to the Shoreline Management Act.
Backshore – The shore area wetted by storm tides but normally dry between the coastline and the high
tide line. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes,
meadows, or dunes landward of the high tide line.
Bathymetry, Bathymetrics - The measurement of water depth at various locations in a body of water,
and; the information derived from such measurements.
Beach – The zone of unconsolidated material that is moved by waves, wind and tidal currents, extending
landward to the coastline.
Beach feeding – A process by which beach material is deposited at one or several locations in the updrift
portion of a driftcell. The material is then naturally transported by a wave’s downdrift to stabilized or
restore eroding beaches or berms.
Benthic – Of or having to do with the bottom of oceans or seas.
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Berms – A linear mound of sand or gravel that is placed parallel to the shore at or above ordinary high
water mark. It may be a natural or a manmade feature.
Best Management Practices (BMPs) – BMPs are methods of improving water quality. BMPs encompass
a variety of behavioral, procedural, and structural measures that reduce the amount of contaminants in
stormwater runoff and in receiving waters. The term “best management practices” is typically applied
to nonpoint source pollution controls.
Bioengineering – The practice of using natural vegetative materials to stabilize shorelines and prevent
erosion. This may include use of bundles of stems, root systems, or other living plant material, soft
gabions, fabric, or other soil stabilization techniques, and limited rock toe protection where appropriate.
Bioengineering projects often include fisheries habitat enhancement measures in project design. The
use of bioengineering is seen as an alternative to riprap, concrete, or other structural solutions.
Biofiltration System – A stormwater or other drainage treatment system that utilizes as a primary
feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically,
biofiltration systems are designed to include grassy swales, retention ponds, and other vegetative
features.
Biota – Animals and plants that live in a particular location or region.
Boat House – A structure designed for storage of vessels located over water or in upland areas. Boat
houses do not include any sort of residential development (i.e. houseboats).
Boat Launch – Graded slopes, slabs, pads, planks or rails used for launching boats by means of a trailer,
hand, or mechanical device.
Boat Lift – A mechanical device that can hoist vessels out of the water for storage, repair, or
maintenance.
Boat Ramp – See “boat launch” above.
Boating Facilities – Boating facilities include marinas, both backshore and foreshore, dry storage and
wet-moorage types, covered moorage, and marine travel lifts.
Boatyard – A service business that builds, repairs or maintains small vessels:
• At least 85 percent of which are 65 feet or less in length; or
• More than 85 percent of the gross receipts come from working on vessels.
Breakwater – A structure, either rigid or floating, constructed offshore to protect beaches, bluffs, dunes
or harbor areas from wave action.
Buffer – A parcel or strip of land that is designed and designated to permanently remain vegetated in an
undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts,
or to provide habitat for wildlife.
Building - Any structure having a roof and walls, used or built for the housing, shelter or enclosure
of persons, animals or property of any kind.
Building Height – The vertical height or distance from the uphill elevation of the lower or either the
existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the
uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement.
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Bulkhead – A solid or open pile wall usually constructed parallel to the shore whose primary purpose is
to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are used to
protect marine bluffs by retaining soil at the toe of the slope or by protecting the toe of the bank from
erosion and undercutting. Bulkheads are typically constructed of concrete, steel or aluminum sheet
piling, wood, or wood and structural steel combinations.
Buoy – A floating device anchored in a waterbody for navigational purposes or moorage. See also
“mooring buoy.”
Campground – An outdoor area established for recreational overnight accommodations.
Channel – An open conduit for water either naturally or artificially created.
Channel Migration Zone – An area in a floodplain where a stream or river channel can be expected to
move naturally over time in response to gravity and topography.
City – The City of Port Orchard, Washington.
Clearing – The destruction or removal of vegetation, ground cover, shrubs and trees including, but not
limited to, root material removal that affects the erosive potential of soils.
Covered Moorage – Boat moorage, with or without walls, that has a roof to protect vessels.
Commercial – Commercial developments are those uses that include wholesale, retail, service,
office or business trade activities. A mixed-use development that contains commercial uses and
residential uses within the same building or buildings shall be regulated as a commercial use
according to the requirements of this Master Plan, including but not limited to setbacks, height
and public access.
Comprehensive Plan – The document, including maps, adopted by the City Council that outlines the
City’s goals and policies relating to the management of growth, and prepared in accordance with RCW
36.70A.
Conditional Use – A use, development, or substantial development which is classified as a conditional
use or a use which is not classified within the Master Program.
Conservancy – An area with valuable natural, cultural, or historical resources.
County – Kitsap County, Washington.
Creek – A small stream, often a shallow or intermittent tributary to a river.
Critical Areas – Aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded
areas and critical drainage corridors, geologically hazardous areas, wetlands and streams.
Cumulative Impacts – The impact on the environment which results from the incremental impact of the
action when added to other past, present, and reasonably foreseeable future actions regardless of what
agency or person undertakes such other actions. Cumulative impacts can result from individually minor
but collectively significant actions taking place over a period of time.
Development – For the purposes of this Master Program, development means a use consisting of
the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal
of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any
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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 chapter at any state of water level.
Development does not include dismantling or removing structures if no other work is being
performed.
Dike – An embankment usually placed within or near the edge of a flood plain to protect adjacent
lowlands from flooding.
Dock – A landing and moorage facility for watercraft that abuts the shoreline and does not include
recreational decks, storage facilities, or other appurtenances.
Downdrift – The direction of movement of beach materials.
Dredging – The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake,
inlet, bay, or other water body and associated wetlands.
Drift Cell – A geographic unit along the shore. Each begins at a sediment source along an eroding
shoreline, often at the base of “feeder bluffs.” Sediment is transported within the drift cell by currents
and wind-blown waves, finally being deposited at an accretion shoreform (e.g. spits, sandbars, accretion
beach) marking the end of the drift cell.
Dwelling unit – One or more rooms designed for occupancy by a person or family for living and sleeping
purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use
soley by the dwelling’s occupant; including but not limited to bachelor, efficiency and studio
apartments, modular and manufactured homes.
Dwelling unit – multifamily – A residential structure designed for occupancy by more than one family
household that is built in combination with other residential structures. Each dwelling unit in the
structure is built exclusively for occupancy by a single family with no other uses except accessory
activities. However, a multifamily structure may share one or more common walls and stack units on
multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero
lot line), and include stacked multiplex, garden apartments, and other prototypes.
Ecological Function – Work performed or role played by the physical, chemical, and biological processes
that contribute to the maintenance of the aquatic and terrestrial environments that constitute the
shoreline’s natural ecosystem.
Ecosystem-wide processes – The suite of naturally occurring physical and geologic processes of erosion,
transport, and deposition, an dspecific chemical processes that shape landforms within a specific
shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
Enhancement – An action approved by the Shoreline Administrator and taken with the intention on
probably effect of improving the condition and function of a shoreline area, such as improving
environmental functions in an existing, viable shoreline habitat by means of increasing plant diversity,
increasing wildlife habitat, installing environmentally compatible erosion controls, or removing
nonindigenous or invasive plant or animal species. Enhancement may includeOr, alteration of an
existing resource to improve or increase ecological characteristics and processes without degrading
other existing functions. Any fish habitat enhancement project must meet the criteria of one or more
actions included in RCW 77.55.181(1)(a).
Environmental Impacts – The effects or consequences of actions on the natural and built environments.
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Erosion – The group of natural processes including weathering, dissolution, abrasion, corrosion, and
transporting by which earth or rocky material is removed from any part of the earth’s surface. Erosion
can be exacerbated by human action, such as earth-moving or clearing activities.
Esplanade – A level stretch of ground, especially a public walk or walkway.
Estuary – The portion of a shoreline in which marine water is measurably diluted with fresh water from
streams and/or land drainage.
Exaction – The act or process of exacting; extortion; something exacted; especially a fee, reward or
contribution demanded or levied with severity or injustice.
Exemption – Development activity exempt from the requirements of the substantial development
permit process of the SMA. An activity that is exempt from the substantial development provisions of
the SMA must still comply with the policies and standards of the Act, and this Master Program.
Condition use and/or variance permits may also be required even though the activity does not need a
substantial development permit.
Extreme Low Tide – The lowest line of the land reached by a receding tide.
Fair Market Value – The open market bid price of a property and associated improvements. Fair market
value for a proposed development is the open market bid price for conducting the work, using the
equipment and facilities, and purchase of the goods, services, materials, and labor necessary to
accomplish the development. This would normally equate to the cost of hiring a contractor to
undertake the development from start to finish, including the cost of labor, materials, and equipment
and facility usage, transportation and contractor overhead and profit. The fair market value of a
development shall include the fair market value of any donated, contributed, or found labor,
equipment, or materials.
Feasible – An action such as a development project, mitigation, or preservation requirement, that meets
all of the following conditions: a) the action can be accomplished with technologies and methods that
have been used in the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the intended results; b)
the action provides a reasonable likelihood of achieving its intended purpose; and c) the action does not
physically preclude achieving the project’s primary intended legal use.
Feeder Bluff – A bluff or cliff experiencing periodic erosion from waves, sliding or slumping, whose
eroded earth, sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion
shoreform.
Fill – The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an
area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or
creates dry land.
First Class Tidelands – The beds and shores of navigable tidal waters lying within or in front of the
corporate limits of any city, or within one mile thereof, upon either side and between the line of the
ordinary high tide and the inner harbor line, and within two miles of the corporate limits on either side
and between the line of ordinary high tide and the line of extreme low tide.
Fish Habitat Enhancement – see “Enhancement”
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Float – A floating structure, not connected to the shoreline, that is moored, anchored, or otherwise
secured in the water. A float may be accessible via a ramp connected to the shore.
Flood Control – Any undertaking for the conveyance, control, and dispersal of floodwaters caused by
abnormally high precipitation or stream overflow.
Floodplain – The one-hundred year flood plain, or land area susceptible to being inundated by stream
derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of
this area are based on flood regulation ordinance maps or a reasonable method that meets the
objectives of the SMA.
Floodway - the area that has been established in effective federal emergency management agency flood
insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be
expected to be protected from flood waters by flood control devices maintained by or maintained under
license from the federal government, the state, or a political subdivision of the state.
Footprint, Building - The area covered by a building on the ground. For the purposes of this
Master Program, this definition does not include cantilevered portions of a building, or those
portions of a site that have only surface development without walls and a roof (such as a deck or
patio) or development located solely underground (such as a below-ground basement).
Functions and Values – See “Ecological Functions.”
Forest Practices – Any activity conducted on or directly related to forest land and related to growing,
harvesting, or processing timber. These activities include, but are not limited to; road and trail
construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization,
prevention and suppression of disease and insects, salvage of trees, and brush control. Forest practices
that only involve timber cutting are not considered “development” under the Shoreline Management
Act, and do not require shoreline development permits; however, other permits may be required.
Freeboard – For the purposes of this Master Plan, it is the difference between the height of a shoreline
armor structure and the water depth at the ordinary high water mark, measured at the seaward toe of
the structure.
Gabions – Structures composed of masses of rocks, rubble or masonry held tightly together usually by
wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action
or as foundations for breakwaters or jetties.
Geomorphology – The science dealing with the relief features of the earth and the processes influencing
their formation.
Growth Management Act (GMA) – The Washington State Growth Management Act of 1990 and
amended thereto. Codified in RCW 36.70A.
Grading – The movement or redistribution of soil, sand, rock, gravel, sediment or other material on a
site in a manner that alters the natural contour of the land.
Grassy Swale – A vegetated drainage channel that is designed to remove pollutants from stormwater
runoff through biofiltration.
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Groin – A barrier-type structure extending from the backshore or streambank into a water body for the
purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water
and/or deposition of materials.
Guidelines – Those standards adopted by the state prior to adoption of master programs. Such
standards shall also provide criteria for local governments and the department in developing and
amending master programs.
Habitat – The place or type of site where a plant or animal naturally or normally lives and grows.
Habitat Enhancement – see “Enhancement”
Harbor Area – The area of navigable tidal waters as determined in Section 1, Article 15 of the
Washington State Constitution, which shall be forever reserved for landings, wharves, streets, and other
conveniences of navigation and commerce.
Hearing Examiner – The Hearing Examiner of the City of Port Orchard.
Hearings Board – The Shoreline Hearings Board established by the Shoreline Management Act.
Height, Building – See “building height.”
Hook – A spit or narrow cape of sand or gravel which turns landward at the terminal end.
Hydraulic Project Approval (HPA) – The permit issued by the Washington Department of Fish and
Wildlife pursuant to RCW 75.20.100-140.
Hydric Soil – Soil that formed under conditions of saturation, flooding, or ponding long enough during
the growing season to develop anaerobic conditions in the upper soil horizon(s), thereby influencing the
growth of plants.
Industry – The production, processing, manufacturing, or fabrication of goods or materials.
Warehousing and storage of materials is considered part of the industrial process.
Inner Harbor Line – A line located and established in navigable tidal waters between the line of ordinary
high tide and the out harbor line and constituting the inner boundary of the harbor area.
In-kind Replacement – To replace natural or man-made features with features whose characteristics
closely match those which were destroyed, displaced, degraded or removed by an activity.
Intertidal – The vertical zone between the average high and average low tides. The intertidal zone of a
stationary structure or bank is subject to alternate wetting and drying.
Jetty – A structure projecting out into the sea at the mouth of a river for the purpose of protecting a
navigational channel, a harbor, or to influence water currents.
Landfill – The creation of dry upland areas by the deposition of sand, soil, or gravel into a body of water
or wetland.
Levee – A large dike or embankment which is designed as part of a system to protect land from floods.
Littoral Drift – The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone
by waves and currents.
Marina – A facility that provides launching, storage, supplies, moorage, and other accessory services for
six or more pleasure and/or commercial water craft.
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Master Program – See “shoreline master program.”
May – Means the action is acceptable, provided it conforms to the provisions of WAC 173-26.
Mitigation – The process of avoiding, reducing, or compensating for environmental impact(s) of a
proposal.
Mixed-Use – A mixed-use development contains a multi-family residential use, and commercial,
public and/or recreational uses within the same building(s).
Moorage – Any device or structure used to secure a vessel for temporary anchorage, but which is not
attached to the vessel (such as a dock or buoy).
Mooring Buoy – A floating object anchored to the bottom of a water body that provides tie up
capabilities for vessels.
Must – Means a mandate; the action is required.
Navigable Waters – Those waters lying waterward of an below the line of navigability on lakes not
subject to tidal flow, or extreme low tide mark in navigable tidal waters, or the outer harbor line where
harbor area has been created.
Non-conforming Use or Development, Legal – A shoreline use or structure or portion thereof which was
lawfully constructed or established prior to the effective date of the SMA or local Shoreline Master
Program or amendments, but no longer conforms to the policies and regulations of the Master Program.
Non-water-oriented Use – A use which has little or no relationship to the shoreline and is not
considered a priority use under the SMA. All uses which do not meet the definition of water-dependent,
water-related or water-enjoyment are classified as non-water-oriented uses. Examples may include, but
are not limited to professional offices, gas stations, auto dealerships, convenience stores, general retail,
etc.
Normal Maintenance – Those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition.
Normal Repair – To restore a development to a state comparable to its original condition within a
reasonable period after decay or partial destruction, except where repair involves total replacement
which is not common practice or causes substantial adverse effects upon the shoreline resource
environment.
Noxious Weed – Any plant that is invasive, and is listed on the state noxious weed list in WAC 16-750.
Offshore – The sloping subtidal area seaward from low tide.
Offshore Moorage Device – An offshore device anchored or otherwise attached to the sea bottom used
to moor watercraft.
Off-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental
resources by creating or restoring these areas on lands other than the site on which the impacts were
located.
OHWM – See Ordinary High Water Mark
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On-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental
resources by creating or restoring these areas at or adjacent to the site on which the impacts were
located.
One-hundred Year Flood Elevation – The elevation in feet of the area which has a one percent chance
or greater of being flooded in any given year.
One-Hundred Year Flood Hazard Area – An area which has a one percent chance or greater of being
flooded in any given year.
One-Hhundred Year Flood – The maximum flood expected to occur during a one-hundred year period.
Open Space – A land area allowing view, use or passage that is almost entirely unobstructed by
buildings, paved areas, or other manmade structures.
Ordinary High Water Mark (OHWM) – That mark that will be found by examining the bed and banks
and ascertaining where the presence and action of waters are so common and usual, and so long
continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change
thereafter, or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology; provided that in any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and
the ordinary high water mark adjoining fresh water shall be the line of mean high water.
Outer Harbor Line – A line located and established in navigable waters as provided in Section 1 of Article
15 of the Washington State Constitution, beyond which the State shall never sell or lease any rights
whatsoever.
Over-water Structures – Structures built waterward of the OHWM including, but not limited to, piers,
docks, jetties, dwelling units, and breakwaters.
Permit – A shoreline substantial development permit, variance, or conditional use permit, permit
revision, or any combination thereof.
Person – An individual, partnership, corporation, association, organization, cooperative, public or
municipal corporation, agency of the state, or local government unit, however designated.
Pier – A fixed, pile-supported structure built over the water, used as a landing place for marine transport
or for recreational purposes.
Pocket Beach – An isolated accretion beach bordered by shoreline modifications.
Pollutant – Any substance that has been or may be determined to cause or tend to cause injurious,
corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer
system, or storm drainage system.
Priority Habitat – A habitat type with unique or significant value to one or more species. An area
classified and mapped as priority habitat must have one or more of the following attributes;
• Comparatively high fish or wildlife density
• Comparatively high fish or wildlife species diversity
• Fish spawning habitat
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• Important wildlife habitat
• Important fish or wildlife seasonal range
• Important fish or wildlife movement corridor
• Rearing and foraging habitat
• Important marine mammal haul-out
• Refugia habitat
• Limited availability
• High vulnerability to habitat alteration
• Unique of dependent species
• Shellfish bed
A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of
primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat
may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a
priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine
shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain
priority and/or nonpriority fish and wildlife.
Priority Species – means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species are those that meet any
of the criteria listed below.
a) Criterion 1. State-listed or state proposed species. State-listed species are those native fish and
wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or
sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be
reviewed by the Department of Fish & Wildlife (POL-M-6001) for possible listing as endangered,
threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of
animals susceptible to significant population declines, within a specific area or statewide, by virtue of
their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine
mammal congregations.
c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative
fish, shellfish, and wildlife species of recreational or commercial importance and recognized species
used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
d) Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened,
or endangered.
Priority Use – The Shoreline Management Act and this Master Program give preference to shoreline
uses that are water-dependent or water-related, provide public access and recreational use of the
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shoreline, as well as other uses which provide an opportunity for substantial numbers of people to enjoy
the shoreline and to single-family residences.
Provisions – Policies, regulations, standards, guideline criteria or environment designations.
Public Access – A means of physical approach to and along the shoreline available to the general public.
This may also include visual access. Provision of public access is a non-profit activity.
Public Interest – The interest shared by citizens of the state or community at large in the affairs of
government, or some interest by which their rights or liabilities are affected such as an effect on public
property or on health, safety, or general welfare resulting from a use or development.
Public Use – To be made available daily to the general public on a first-come, first-served basis.
RCW – Revised Code of Washington
Recreational Facilities – Facilities such as parks, trails, pathways, campgrounds, and swim rafts that
provide a means for relaxation, play, or amusement.
Redevelop, Redevelopment - “Redevelop” or “redevelopment” means the replacement of an
existing structure or part of an existing structure, or demolition of the structure, with
development of a new and/or remodeled structure or structures in its place.
Revetment – A sloped shoreline structure built to protect an existing eroding shoreline or newly placed
fill against currents and wave action. Revetments are most commonly built of randomly placed boulders
(riprap) but may also be built of sand cement bags, paving, or building blocks, gabions, or other systems
and materials.
Riprap – A loose assemblage of broken rock or concrete erected in or near water for protection from
wave and current action.
Rock Weir – A structure made of loose rock that is designed to control sediment movement, water flow,
or both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward from
the shore, with the top of the rock embankment below the water level to restrict current movements
parallel to the shore without completely blocking flow.
SEPA – State Environmental Policy Act
SEPA Checklist – A form, available at the City, which is required of some projects to identify the
probable significant adverse impacts on the environment. The checklist will assist the responsible
official with making a determination of significance or nonsignificance.
Sea Wall – A bulkhead, for the primary purpose of armoring the shore from erosion by waves, which
also may incidentally retain uplands or fills. Sea walls are usually larger than bulkheads because they are
designed to resist the full force of waves.
Setbacks – The distance between buildings or uses and their lot lines as established in the Land Use
Regulatory Code or the Shoreline Master program.
Shorelands – Those lands extending landward for two hundred feet in all directions as measured on a
horizontal plane from the ordinary high water mark, including all wetlands associated with the shoreline
which are subject to the provisions of the Shoreline Management Act and this Master Program, and to
determination by the Department of Ecology.
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Shoreline Administrator – The Shoreline Administrator for the City of Port Orchard is the Director
of the Department of Community Development, or his/her designee.
Shoreline Permit – See “Permit.”
Shorelines – All the water areas within the state, including reservoirs, and their associated wetlands,
together with all underlying lands, EXCEPT 1) shorelines of statewide significance; 2) shorelines on
segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or
less, and the associated wetlands; and 3)shorelines on lakes of less than 20 acres in size and their
associated wetlands.
Shorelines of Statewide Significance – Shorelines designated by the Shoreline Management act of 1971.
Sinclair Inlet and adjacent saltwaters lying seaward of the extreme low tide are identified as a Shoreline
of Statewide Significance.
Shorelines Hearings Board – A state-level quasi-judicial body, created by the Shoreline Management
Act, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement
penalty and appeals by local government of DOE approval of master programs, rules, regulations,
guidelines or designations under the SMA.
Shorelines of the State – The total of all shorelines and shorelines of statewide significance.
Sign – Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or
balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of
advertising, identifying, or promoting the interest of any person, institution, business, event, product,
goods, or services; provided, that the same is visible from any public right-of-way or waterway.
Single-Family Residence – A detached dwelling unit designed for and occupied by one family, including
those buildings, structures and developments within a contiguous ownership which are of a normal
appurtenance (WAC 173-27-040(2)(g)). This definition does not prevent a single-family residence from
containing an accessory dwelling unit provided that the requirements of POMC Title 20 for this use are
met.
SMA – See Shoreline Management Act.
State Environmental Policy Act (SEPA) – SEPA requires state agencies, local governments and other lead
agencies to consider environmental impacts when making most types of permit decisions, especially for
development proposals of a significant scale. As part of the SEPA process, EISs may be required to be
prepared and public comments solicited.
Stream – A body of running water that moves over the land surface in a channel or bed.
Structure – A permanent or temporary edifice or building, or any piece of work artificially built or
composed of parts joined together in some definite manner, whether installed on, above, or below the
surface of the ground or water, except for vessels.
Structure or Building, PrimaryPrincipal – The structure or building associated with the principal
use of the property. In some circumstances, such as multi-building commercial or multifamily
residential development, there may be more than one primaryprincipal structure on a property.
This definition shall not include nonhabitable, accessory structures and buildings such as storage
sheds, decks, patios, greenhouses, swimming pools, and parking lots.
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Substantial Development – Any developments of which the total cost or fair market value
exceeds the amount currently established and in effect per WAC 173-27-040(2)(a), or any
development which materially interferes with the normal public use of the water or shorelines of
the state; EXCEPT as specifically exempted pursuant to RCW 90.58.030(3)(e).
Taking – The act of one who takes; something taken, as a catch of fish; informal receipts, especially of
money; a government action assuming ownership of real property by eminent domain.
Upland – The area above and landward of the ordinary high water mark.
Use – The purpose or activity for which the land, or building thereon, is designed, arranged or intended,
or for which it is occupied or maintained and shall include any manner of performance or operation of
such activity with respect to the provision of this title. The definition of “use” also includes the
definition of “development.”
Utility – A service or facility that produces, transmits, stores, processes, or disposes of electrical power,
gas, water, sewage, communications, oil, and the like. Utilities have been categorized as
primaryprincipal, accessory, and personal wireless facilities.
a) PrimaryPrincipal utilities are services and facilities that produce, transmit, carry, store,
process or dispose of power gas, water, sewage, communications (except wireless facilities), oil
and the like.
b) Accessory utilities are small-scale distribution services directly serving a permitted shoreline
use.
c) Personal wireless facilities include any unstaffed facility for the transmission and/or reception
of personal wireless services. This can consist of an equipment shed or cabinet, a support
structure, or an existing structure to achieve the necessary elevation, and the antenna or
antenna array.
Variance – To grant relief from specific bulk, dimensional or performance standards set forth in the
applicable master program and not a means to vary a use of a shoreline.
Vegetation Removal – The removal or alteration of trees, shrubs, and/or ground cover by clearing,
grading, cutting, burning, chemical means, or other activity that causes impacts to functions provided by
such vegetation. The removal of invasive or noxious weeks does not constitute significant vegetation
removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does
not constitute significant vegetation removal.
Vessel – Means ships, boats, barges or any other floating craft that are designed for navigation in order
to transport people or goods over water, are used for or capable of being used for navigation, and do
not interfere with the normal public use of the water. A vessel is considered capable of being used for
navigation even if it is not used for navigation due to actions or inactions of the vessel owner(s) or due
to conditions affecting the use of the vessel for navigation, which include, but are not limited to, broken
engines, lack of an engine, hull damage, physical modifications, or missing sails. Vessel also means
historic ships that do not have means of self-propulsion and steering equipment.
Water-dependent Use – A use which cannot exist in any other location than on the water and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water-
dependent uses may include, but are not limited to:
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1) Public or private terminal/transfer facilities
2) Ferry terminals
3) Ship construction and repair facilities
4) Marinas and boat moorages
5) Tug and barge companies
6) Water transport dependent industries (e.g. pulp and lumber mills)
7) Fish processing plants requiring water transport
8) Float plane facilities
9) Aquaculture
10) Sewer outfalls
Water-enjoyment Use – A use providing passive and active recreation for a large number of people
along shorelines. Through location, design, and operation, the use also provides the ability for the
public to interact with the shoreline. To qualify as a water enjoyment use, the use much be open to the
public with most, if not all, of the shoreline devoted to fostering human interaction with the shoreline.
Water enjoyment uses include, but are not limited to:
1) Public waterfront parks
2) Public Beaches
3) Aquariums
4) Public restaurants
5) Resorts and convention centers with facilities open to the public
6) Retail and mixed commercial developments designed to enhance a waterfront location
through expanse of views, amenities oriented to pedestrians, and other aesthetic design
features.
Water-oriented Use – Any one or a combination of water dependent, water related, or water
enjoyment uses.
Water-related Use – A use or a portion of a use which is not intrinsically dependent on a waterfront
location but whose operation cannot occur economically without a waterfront location. Water-related
uses include, but are not limited to:
1) Warehousing of goods transported by water
2) Seafood processing plants
3) Gravel storage when transported by barge
4) Log storage
Wetlands or Wetland Areas – Areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support , and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate the conversion of wetlands; and (11). The
definition set forth in Chapter 90.58 shall also apply as used herein.
Wireless Facilities – See “Utilities.”
APPENDIX A –
Shoreline Maps
CITY OF PORT ORCHARD
Revised: December 2020
APPENDIX A1 – Shoreline
Jurisdiction Maps
CITY OF PORT ORCHARD
City of Port OrchardShoreline Jurisdiction
®
City of Port Orchard
Port Orchard UGA
Sinclair_Inlet
Shoreline Jurisdiction
0 1,800 3,600 5,400900FeetBlackjackCreek
Big Lake Square Lake
APPENDIX A2 – Shoreline
Environment Designation Maps
CITY OF PORT ORCHARD
Legend
Shoreline Segments
PO City Boundary
Watercourses
URBAN CONSERVANCY
HIGH INTENSITY
NATURAL
SHORELINE RESIDENTIAL
Urban Growth Area
µCity of Port Orchard:Shoreline Environmental Designations
Segment 1
STATE HIGHWAY 160STATE HWY 160
E
A
G
L
E
C
R
E
S
TDOGWOOD HILLSCOTLAND
WALES
BAY CREST
Legend
Shoreline Segments
PO City Boundary
Watercourses
URBAN CONSERVANCY
HIGH INTENSITY
NATURAL
SHORELINE RESIDENTIAL
Urban Growth Area
µCity of Port Orchard:Shoreline Environmental Designations
Segment 2
BAY
SIDNEYHULLCLINEKITSAP
SROUFE
DIVISION
TAYLOR
SMITHPORT ORCHARDKENDALL
STATE HWY 160
ADA
TACOMAWILKINS
DEKALB
AUSTINCASECODWIGHT
WESTEAGLE CRESTHARRISONHIGHPROSPECT
DOGWOOD HILLSHERMAN GRANTSHORTSWEANY
S C O T L A N D
WALES PORTB A N K FREDERICKORCHARDGARRISONSWEANY AUSTINHARRISONDWIGHT
HARRISONDIVISION
WESTAUSTINSMITH
DEKALB
WESTTAYLOR
KENDALLGRANT Legend
Shoreline Segments
PO City Boundary
Watercourses
URBAN CONSERVANCY
HIGH INTENSITY
NATURAL
SHORELINE RESIDENTIAL
Urban Growth Area
µCity of Port Orchard:Shoreline Environmental Designations
Segment 3
BAYKITSAPMAPLEMITCHELLMORTONROCKWELLCOLESSEATTLEHARRISONSEATTLEKITSAPHARRISONBlackjack CreekThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.01 0.02 0.03 0.040.005MilesLegendShoreline Segment LinesCity BoundaryNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALPort Orchard UGAWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment 4Segment 7Segment SB-1
BAYPERRYTRACYRETSILARNOLDFARRAGUTMAHANLAWRENCEWILLIAMSEDWARDSCHESTERDECATURDECATURThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.01 0.02 0.03 0.040.005MilesLegendShoreline Segment LinesCity BoundaryNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALPort Orchard UGAWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment 5
STATE HWY 160DOGWOOD HILLSTATE HIGHWAY 160This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.0075 0.015 0.0225 0.030.00375MilesLegendShoreline Segment LinesCity BoundaryNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALPort Orchard UGAWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment 6
BAYPERRYFARRAGUTTRACYMITCHELLSTOCKTONGUY WETZELMAPLEDECATURGUY WETZELBlackjack CreekThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.007 0.014 0.021 0.0280.0035MilesLegendShoreline Segment LinesCity BoundaryNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALPort Orchard UGAWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment 7Segment 4Segment SB-1
BEACHRETSILOLNEYBAYLIDSTROMARNOLD1ST2NDTRACY3RD4THPARKLIDSTROM HILLTUFTSVISTA RAMASACCOVAUGHNBANCROFTA H L S T R O MRAMA
LAWRENCESTEAMBOATMAPLEWASHINGTONWILLIAMSEDWARDSGREGORYCOLLINSU N N A M E D S T R E E T
ILLINOISR ID G E W A Y
DECATURUNNAMED STREETLIDSTROMDECATURThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.04 0.08 0.12 0.160.02MilesLegendNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALShoreline Segment LinesPort Orchard UGACity BoundaryWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment 8
BAYMAPLEMITCHELLROCKWELLMORTONDEKALBCOLESKITSAPPERRYDEKALBMORTONKITSAPBlackjack CreekThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.009 0.018 0.027 0.0360.0045MilesLegendShoreline Segment LinesCity BoundaryNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALPort Orchard UGAWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment SB-1
SIDNEYMITCHELLBETHELBAYLINCOLNRETSILHULLCLINEWESTPORT ORCHARDKITSAPLUNDDIVISIONMAYSOUTHSROUFETREMONTSTATE HWY 160HAROLDSMITHKARCHERMAPLESHERMANDEKALB4THJ E F F E R S O N
TACOMAKENDALLMELCHERSK HI ACCESSJOSLINHOOVERTRACYBECKHARDINGADAHILLSEATTLEDWIGHTWILKINSRADEYAUSTINB I L L MCKINLEYPOPLAREVERGREENFLOWERCASECOFIRFARRAGUTJONESMORTONPLISKOTAYLORPIONEERSPOKANEGARRISONPORTLANDHARRISONHARRISLUNDBERGEISENHOWERHIGHPROSPECTGLENNCOLESGRANTCANYONGILLETTESHORTSHELTONSWEANYHAYESSTARLETFORREST PARKSEIFORDGARFIELDRYLANDERGUTHRIEBANKFLAIZSUTTONSMITHGRANTBAYMELCHERMELCHERWESTTAYLORF A R R A G U T
DWIGHTBAYWESTAUSTINDEKALBMORTONWESTMAPLEDIVISIONKITSAPDWIGHTFARRAGUTAUSTINGARRISONDEKALBDEKALBFLOWERDIVISIONTAYLORBlackjack CreekThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.04 0.08 0.12 0.160.02MilesLegendNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALShoreline Segment LinesPort Orchard UGACity BoundaryWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment SB-2
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DALLASANDERSONUNNAMED STREETS T E T S O N FERNWOODSIDNEYUNNAMED STREETS T A T E H W Y 1 6 R AM PBlackjack CreekRuby CreekThis map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantibility accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for a field survey. 0 0.04 0.08 0.12 0.160.02MilesLegendNATURALURBAN CONSERVANCYHIGH INTENSITYSHORELINE RESIDENTIALShoreline Segment LinesPort Orchard UGACity BoundaryWaterbodiesµCity of Port Orchard:Shoreline Environmental DesignationsSegment SB-4
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APPENDIX CE –
Mitigation and Restoration for Redevelopment Activities
in the
High Intensity Shoreline Environment Designation
Revisions: January 2021
Shoreline redevelopment, as defined in this Master Plan, shall be designed and conducted in a manner
that protects the current ecological condition of the shoreline, and prevents or mitigates adverse
impacts, while encouraging revitalization and improvements within the City’s waterfront areas.
Redevelopment proposals shall preserve existing native habitat and shoreline functions to the maximum
extent feasible, and shoreline restoration may be required for redevelopment within the shoreline
buffer.
A. Applicability.
The provisions of this Appendix must be referenced in conjunction with other requirements of this
Master Program and with other city policies and regulations. If a conflict appears to exist between this
Appendix and another section of this Master Program or other city policies or regulations, the
redevelopment proposal shall comply with the more stringent requirement, unless otherwise indicated
herein.
B. Mitigation Sequencing
1. When redevelopment is proposed that could result in adverse impacts to the shoreline, mitigation
measures shall be applied in the following sequence of steps, listed in order of priority:
a. Avoid the impact altogether by not taking a certain action or parts of an action;
b. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using
appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectify the impact by repairing, rehabilitating or restoring the affected environment;
d. Reduce or eliminate the impact over time by preservation and maintenance operations;
e. Compensate for the impact by replacing, enhancing, or providing substitute resources or
environments, including utilization of the in-lieu fee process where appropriate; and
f. Monitor the impact and the mitigation projects, and take appropriate corrective measures.
2. Application of the mitigation sequence shall achieve no net loss of ecological functions for each
redevelopment proposal.
3. After mitigation sequencing is applied in accordance with 1. and 2. above, compensatory mitigation
selection shall be guided by the following sections of this Appendix.
4. Failure to demonstrate that the mitigation sequencing standards have been met may result in permit
denial, or the city may restrict or reduce development or uses, or impose additional conditions.
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C. Mitigation Standards
1. Some redevelopment projects may result in multiple types of impacts to shoreline ecological
functions, each of which may require compensatory mitigation.
2. Mitigation is not required outside of the standard shoreline buffer established for the relevant use
and shoreline environment in Table 7.2 of this Master Program, unless the redevelopment impact is to
aquatic lands, critical saltwater or freshwater habitat, or water quality. All other requirements of this
Master Plan are applicable to the site, as are all other applicable city policies and regulations, including
but not limited to, the land use and zoning code, critical areas ordinance, stormwater regulations,
clearing and grading ordinance, and permit requirements.
3. A Shoreline Mitigation Plan shall be prepared for any redevelopment project that will result in adverse
impacts to the shoreline, including removal of native vegetation within the shoreline buffer. If the
project will also involve restoration, a combined Shoreline Mitigation and Restoration Plan may be
submitted by the applicant.
4. Shoreline Mitigation Plans shall be prepared using site-specific data according to the requirements of
WAC 173-26-201(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and
functions or impacts to priority species. If critical areas will be impacted, the applicable requirements of
the city’s critical areas ordinance shall also be addressed in the mitigation plan.
5. Mitigation plantings or other mitigation options shall occur adjacent and parallel to the ordinary high
water mark of the shoreline as a first preference. Depending on site conditions, mitigation may be
allowed away from the shoreline edge, if the actions are replacing in-kind functions and would achieve
greater ecological benefit.
6. All mitigation activities shall protect the integrity of adjacent natural resources, including critical
areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses.
7. Removal of vegetation within a shoreline buffer shall comply with the following replacement ratios
based on the area measurement of the vegetation to be removed, unless an alternative proposal can be
demonstrated to have greater ecological benefit:
a. Removal of grass/lawn: 1:1 replacement with native vegetation.
b. Removal of non-native landscaping (groundcover other than lawn, shrubs, trees): 2:1
replacement with native vegetation.
c. Removal of native vegetation: 4:1 replacement with native vegetation.
D. Restoration Standards
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1. Restoration of ecological functions and processes shall be carried out in accordance with a city-
approved Shoreline Restoration Plan and the requirements of this Master Program. Shoreline
Restoration Plans shall be prepared using site-specific data according to the requirements of WAC 173-
26-201(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and functions or
impacts to priority species. If critical areas will be impacted, the applicable requirements of the city’s
critical areas ordinance shall also be addressed in the restoration plan.
2. All restoration activities shall protect the integrity of adjacent natural resources, including critical
areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline uses.
3. Covered Activities. The following actions, individually or in combination, are allowed under this
section:
a. Establishment or enhancement of native vegetation;
b. Removal of nonnative or invasive plants upland of the ordinary high water mark, or hard or
impervious surfaces such as pavement or other existing structures, and replacement with native
vegetation.
c. Conversion of existing hard structural shoreline stabilization to permitted soft shoreline stabilization,
including associated clearing, dredging and filling necessary to implement the conversion; provided, that
the primary purpose of such actions is clearly restoration of natural character and the ecological
functions of the shoreline and that the actions are consistent with the requirements of this Master
Program and this Aappendix.
E. Redevelopment Within a Shoreline Buffer
1. Within a shoreline buffer, redevelopment of a site with one or morean existing non-water-dependent,
legal conforming or nonconforming building(s), or redevelopment of a portion of such building(s), may
be allowed subject to the following:
a. The shoreline designation of the redevelopment site is High Intensity.
b. The redevelopment proposal shall not extend further waterward than the footprint of the existing
primary building or the portion of such primary building to be redeveloped. Areas located between
existing primary buildings, including planted landscaping and lawn, pavement and similar surface
coverage, may be developed if the development will not extend further waterward than the existing
primary buildings.
c. Any shoreline impacts anticipated to result from the redevelopment shall be subject to mitigation
sequencing as provided in this Aappendix, and addressed in a Shoreline Mitigation Plan.
d. Regardless of whether a Shoreline Mitigation Plan is required, the redevelopment proposal shall
include a Shoreline Restoration Plan consistent with subsection C. above and with Section 6.6 (Shoreline
Vegetation Conservation) herein that will provide a substantive, measurable improvement to shoreline
conditions within the site or in aquatic areas adjacent to the site, unless the site has an interrupted buffer
pursuant to this chapter.
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e. The redevelopment proposal shall not result in the loss of public access to the shoreline, including
undeveloped easements or right of way.
f. In general, new or redeveloped surface parking areas and parking lots included in a redevelopment
proposal shall be located outside the shoreline setback (buffer) where feasible. Parking in the shoreline
buffer for redevelopment projects containing water-dependent, water-related and water-enjoyment
uses may be allowed provided all other provisions of this section are met. Stand-alone structured parking
is not allowed in the shoreline buffer
gf. Redevelopment within a shoreline buffer is not allowed in areas of special flood hazards as
established according to POMC Section 20.170.060, as defined in POMC 15.38.110 or in geologic
hazardgeologically hazardous areas as defined in POMC Section 20.162.04415.38.020.
hg. All portions of the shoreline buffer that will not be developed shall be maintained or replanted in
native vegetation. Removal of existing native vegetation to accommodate development is not allowed
within the shoreline buffer unless it is required for the water-related or water-dependent uses and
accompanied by mitigation according to this Master Plan.
ih. The city may request that the applicant submit studies by qualified professionals, or that a submitted
study, impact analysis, and/or shoreline mitigation or restoration plan be peer-reviewed by qualified
professionals at the applicant’s expense, in order to determine compliance with the mitigation and/or
restoration requirements of this Aappendix.
ji. The redevelopment proposal shall be consistent with other applicable city policies and regulations,
including but not limited to the land use and zoning code, critical areas ordinance, stormwater
regulations, clearing and grading ordinance, and permit processing requirements.
kj. If the applicant is unable or unwilling to comply with subsections a. – ji. above, the standard shoreline
buffer for the shoreline environment designation of the site shall apply and all new development or
redevelopment on the site shall be located outside the shoreline buffer unless otherwise allowed by the
Act and this Master Plan.
2. Within a shoreline buffer, redevelopment of an existing appurtenant building or structure, or a
portion of such building or structure, is not allowed without a shoreline variance. If a shoreline variance
is obtained, the redevelopment is subject to the requirements of subsections D.1. a.- j. above.
F. Monitoring and Maintenance of Mitigation and Restoration Activities
1. Mitigation and restoration activities are subject to the requirements of Section 6.6 – Development
Regulations G-DR-32.h. and G-DR-35 of this Master Program.
2. Mitigation and restoration activities that are unpermitted, are inconsistent with an approved
mitigation plan or restoration plan, or are not maintained in accordance with subsection 1. above, are
subject to enforcement per Chapter 10 of this Master Program.