Chapter 22.03
JURISDICTION, MAPS AND ENVIRONMENT DESIGNATIONS

Sections:

22.03.010    Shoreline jurisdiction.

22.03.020    Shoreline maps.

22.03.030    Shoreline environment designations.

22.03.010 Shoreline jurisdiction.

A. The provisions of this program shall apply to all shorelines of the state, all shorelines of statewide significance and shorelands (all referred to as shorelines) as defined in RCW 90.58.030. The shoreline maps within BMC 22.11.010, Shoreline designation maps, and 22.11.020, Shorelines of statewide significance map, show the bodies of water that have been identified as shorelines, generally, and are an integral part of this program.

B. The extent of shoreline jurisdiction on an individual lot, parcel or tract is to be determined by field investigations and a survey or engineered drawings and the resultant materials are the sole responsibility of the project applicant/owner. Said investigation/survey/engineered drawings shall be included in shoreline permit application submittals in order for the city to determine the extent of shoreline jurisdiction.1

C. Shorelines of the state may also be fish and wildlife habitat conservation areas, as designated in BMC 16.55.470. Critical areas that may occur within the city of Bellingham’s shoreline jurisdiction per Chapter 16.55 BMC include: wetlands, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. All such critical areas that are within the shoreline jurisdiction shall be managed and regulated per this program.

1. When a critical area overlaps into the jurisdiction of a shoreline or is partly within and partly outside of shoreline jurisdiction, the buffer and/or setback from the portion of the critical area that is outside of the shoreline jurisdiction is subject to the critical areas ordinance; Chapter 16.55 BMC.

D. In the city of Bellingham, shorelines of the state are:

1. Bellingham Bay (also a shoreline of statewide significance seaward of extreme low tide per Chapter 22.04 BMC and as shown in BMC 22.11.020, Shorelines of statewide significance map);

2. Lake Whatcom (also a shoreline of statewide significance per Chapter 22.04 BMC and as shown in BMC 22.11.020, Shorelines of statewide significance map);

3. Lake Padden;

4. Whatcom Creek;

5. Squalicum Creek;

6. Chuckanut Creek;

7. Tidally influenced portion of Padden Creek (upstream to McKenzie Avenue);

8. Padden Lagoon;

9. Chuckanut Bay; and

10. Tidally influenced lagoons or pocket estuaries as identified on the shoreline maps, BMC 22.11.010, Shoreline designation maps.

E. Shorelines of statewide significance in the city of Bellingham are identified and defined in Chapter 22.04 BMC and shown in BMC 22.11.020, Shorelines of statewide significance map.

F. Adjacent lands to shorelands shall also be considered in shoreline permit proposals as specified in RCW 90.58.340. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.03.020 Shoreline maps.

A. The shoreline maps in BMC 22.11.010, Shoreline designation maps, are the graphic representation of the city’s shorelines that are regulated by this program. Each shoreline map identifies a shoreline environment designation and individual shoreline reaches that correspond to the Shoreline Characterization and Inventory (Appendix A). The shoreline maps do not show the extent of shoreline jurisdiction but depict which water bodies are regulated by this program.

B. Each shoreline reach is assigned a shoreline environmental designation (designation) in accordance with BMC 22.03.030, Shoreline environment designations. These designations function like a zoning overlay for shorelines and provide a framework for allowing certain uses and implementing shoreline policies and regulations. The shoreline environmental designation has been assigned consistent with the criteria specified in WAC 173-26-211 and referenced in Appendix C – Shoreline Environment Designation Criteria.

C. In cases where development on a shoreline crosses or overlaps two different designations, or where two or more different critical areas are within the shoreline jurisdiction, the more protective requirements within this program shall apply. If disagreement develops as to the exact location of a shoreline designation boundary line, the following rules shall apply:

1. Boundaries indicated as approximately following lot, tract, or section lines shall be so construed;

2. Boundaries indicated as approximately following roads or railways shall be respectively construed to follow their centerlines;

3. Boundaries indicated as approximately parallel to or extensions of features indicated in subsection (C)(1) or (2) of this section shall be so construed; and

4. Boundaries indicated as approximately occurring at definite changes in topography, shoreforms, geology, soils, or vegetative cover shall be so construed.

D. Whenever existing physical features are inconsistent with boundaries on the Shoreline Map, the city shall interpret the boundaries. Appeals may be made from such interpretations pursuant to BMC 22.06.070. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.03.030 Shoreline environment designations.

This section identifies the six shoreline environment designations used in the city of Bellingham and their respective purposes, management policies, allowed uses and development regulations.

A. Natural (N).

1. Purpose. To protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. Natural designated shorelines are best suited for very low-intensity uses to ensure that ecological function and ecosystem-wide processes are maintained.

2. Management Policies.

a. Any use that would adversely affect the ecological functions or natural character of the shoreline, including channel migration zones, pocket estuaries and pocket or accretion beaches, should not be allowed.

b. Development should only be allowed when no suitable alternative building sites are available on the parcel outside of the shoreline jurisdiction.

c. Development, when permissible, should be designed and located to preclude the need for shoreline modification or stabilization, flood control works, native vegetation removal and other shoreline modifications.

d. All impacts to ecological function and values should be fully mitigated with the mitigation sequencing specified in BMC 22.08.020, Mitigation sequencing.

e. Preservation of ecological function of shorelines including critical areas should have priority over public access, recreation and development objectives whenever a conflict exists.

f. Roads and utility corridors should be located outside of the natural environment unless no other feasible alternative exists.

g. New development, including subdivision of property that requires significant vegetation removal or shoreline modification that would reduce the capability of vegetation to perform ecological functions, should not be allowed. Each new parcel, lot or tract should be able to support its intended development without significant ecological impacts to shoreline ecological functions.

h. Scientific, historical, cultural, educational research uses and low-intensity water-oriented recreational access uses (swimming, fishing, picnicking, hand carry boating) may be allowed; provided, that no significant ecological impacts will occur.

3. Reaches Designated Natural.

a. Marine 1 and 18 through 20;

b. Chuckanut Creek 2 and 3;

c. Whatcom Creek 6 through 8;

d. Lake Padden 2 through 4; and

e. Lake Whatcom 1.

4. Uses.

Natural – Marine – BMC 22.03.030(A)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Marine 1 and 18 – 20

p

x

x

x

x

x

x

x

p/x

c

p

c

c

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

Natural – Freshwater – BMC 22.03.030(A)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Chuckanut 2 – 3

c

x

x

x

x

c/x

x

x

p

c

p

p

p

Whatcom 6 – 7

c

x

x

x

x

c/x

x

x

p

c

p

p

p

Whatcom 8

c

x

x

x

x

c/x

x

x

p

c

p

p

p

Lake Padden 2 – 4

c

x

x

x

x

x

p/x

x

p

c

p

p

p

Lake Whatcom 1

c

x

x

x

x

c/x

x

x

p

c

p

p

p

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c= Conditional use permit

x= Prohibited

/ = Water-oriented/Non-water-oriented

5. Regulations.

a. Development within shorelines designated as natural shall result in no net loss of shoreline ecological functions.

b. Critical Areas. When permitted, development within critical areas or their buffers that occur in the shoreline jurisdiction shall comply with the applicable provisions of this program.

c. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(A), Development regulation matrices. For shorelines where critical areas other than fish and wildlife habitat conservation areas (FWHCAs) are present, the most protective buffer as set forth in this program shall apply. The criteria for requiring a buffer width greater than the minimum are specified in BMC 22.08.010(B)(2), Shoreline buffers.

d. Specific uses and activities within the natural designation shall also comply with the applicable requirements in Chapters 22.08 and 22.09 BMC.

e. Public access shall only be required in conjunction with a non-water-oriented use (excluding single-family residences when developed individually or in a subdivision of four or fewer lots) and shall be provided subject to the requirements within BMC 22.08.090, Public access.

f. Public access is not required for development within shorelines that are designated natural and are zoned “public.”

g. For substantial development on private property on any of Chuckanut, Whatcom or Squalicum Creeks, a conservation easement shall be recorded with the Whatcom County auditor across the required buffer area. Said conservation easement shall be recorded prior to issuance of building permits for the subject development.

B. Urban Conservancy (UC).

1. Purpose. To protect and restore ecological functions, open space, floodplains, and other sensitive lands, where they exist in urban and developed settings, while allowing a variety of compatible uses. Urban conservancy shorelines should provide opportunities for substantial numbers of citizens to have visual and/or physical access to the shoreline provided said access does not decrease ecological function.

2. Management Policies.

a. New development should be designed and located to preclude the need for shoreline armoring, flood control works, vegetation removal and other shoreline modifications.

b. All impacts to ecological function and values should demonstrate compliance with the mitigation sequencing specified in BMC 22.08.020, Mitigation sequencing, such that the result is no net loss of ecological function.

c. Restoration of shoreline ecological function concurrent with development and redevelopment within urban conservancy shorelines should be a priority.

d. Allowed uses should be those that would preserve the natural character of the area and/or promote the protection and restoration of ecological function within critical areas and public open spaces, either directly or over the long term.

e. When development requires shoreline modification or stabilization, “bioengineered” shoreline stabilization measures, conservation of native vegetation, and low impact development techniques for surface water management should be implemented to minimize adverse impacts to existing shoreline ecological functions unless some other form of modification or stabilization is necessary.

f. Public access and public recreation objectives should be implemented whenever feasible and adverse ecological impacts can be avoided. Continuous public access along the marine shoreline should be provided, preserved, or enhanced consistent with this policy.

g. Public access should not be provided where it would compromise the health, safety and welfare of the general public or site security, and where it would conflict with a permitted use or the existing and/or planned restoration of shoreline ecological function.

h. Protection of ecological functions should have priority over public access, recreation and other development objectives whenever a conflict exists.

i. Existing historic and cultural buildings and areas should be preserved, protected and reused when feasible.

j. Development or use on the shorelines or within aquatic areas of Lake Whatcom that are designated as urban conservancy shall also comply with Chapter 22.04 BMC.

3. Reaches Designated Urban Conservancy.

a. Marine 2 through 3, 8 through 10, 12 through 17 and 21;

b. Whatcom Creek 1 through 5;

c. Chuckanut Creek 1 and 4;

d. Padden Creek 1;

e. Squalicum Creek 1 through 11;

f. Lake Padden 1 and 3; and

g. Lake Whatcom 4 through 5.

4. Uses.

Urban Conservancy – Marine – BMC 22.03.030(B)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Marine 2

p

x

p/c

c/x

p/c

p/x

c1/x

x

p/x

p

p

p

p

Marine 3

p

p

p/c

c/x

p/c

p/x

c1/x

x

p/x

x

p

p

p

Marine 3 w/in city

p

p

p/c

c/x

p

p/x

p/x

x

p/x

x

p

p

p

Marine 8

p

x

p/c

c/x

x

p/x

p/x

x

p/x

x

p

p

p

Marine 9

p

c

p/c

c/x

x

p/x

p/x

x

p/x

p

p

p

p

Marine 10

p

c

p

x

p

p/x

c1/x

x

p

p

p

p

p

Marine 12

p

x

p

c/x

p

p/x

c1/x

x

p

p

p

p

p

Marine 13

p

x

x

c/x

x

p/x

x/x

x

p/x

p

p

p

p

Marine 14, 16

p

x

x

c/x

x

p/x

x/x

x

p/x

p

p

p

p

Marine 15

p

x

x

c/x

x

p/x

x/x

x

p/x

p

p

p

p

Marine 17

p

x

x

c/x

x

p/x

x/x

x

p/x

p

p

p

p

Marine 21

p

x

x

c/x

x

p/x

x/x

c2

p/x

x

p

p

p

Whatcom 1 north upstream of Holly

p

c

p

c/x

p

p/x

c1/x

x

p

p

p

p

p

Whatcom 1 south upstream of Holly

p

x

p

c/x

p

p/x

c1/x

x

p

x

p

p

p

Whatcom 1 north btwn Holly/Roeder

p

c

p

c/x

p

p/x

c1/x

x

p

p

p

p

p

Whatcom 1 south btwn Holly/Roeder

p

x

p

c/x

p

p/x

c1/x

x

p

p

p

p

p

1 Public water-enjoyment uses in/over water require CUP (except on Lake Whatcom and Lake Padden).

2 Only permitted as an element of a water-dependent use.

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

Urban Conservancy – Freshwater – BMC 22.03.030(B)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Chuckanut 1 and 4

p

x

x

c/x

x

x

x

x

p/x

p

p

p

p

Padden Creek 1

p

x

p

c/x

p

x

x

x

p/x

p

p

p

p

Whatcom 2 – 5

p

x

p

c/x

p

x

x

x

p

p

p

p

p

Squalicum 1

p

x

p

c/x

p

x

x

x

p

p

p

p

p

Squalicum 2 and 3

p

x

p

c/x

p

x

x

x

p

p

p

p

p

Squalicum 4

p

x

x

c/x

x

x

x

x

p

x

p

p

p

Squalicum 5

p

x

p

c/x

p

x

x

x

p

p

p

p

p

Squalicum 6 west 1/2

c

x

p

c/x

p

c/x

x

x

p

x

p

p

p

Squalicum 6 east 1/2

c

x

p

c/x

p

c/x

x

x

p

x

p

p

p

Squalicum 7

c

x

p

c/x

p

c/x

x

x

p

x

p

p

p

Squalicum 8

c

x

p

c/x

p

c/x

x

x

p

x

p

p

p

Squalicum 9 – 12

p

x

p

c/x

p

x

x

x

p

x

p

p

p

Lake Whatcom 4

p

p

x

c/x

x

p

p

x

p

x

p

p

p

Lake Whatcom 5

p

x

x

c/x

x

p/x

p

x

p

p

p

p

p

Lake Padden 1 and 3

p

x

x

x

x

p/x

p/x

x

p

x

p

p

p

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

5. Regulations.

a. Development within shorelines designated as urban conservancy shall result in no net loss of shoreline ecological functions.

b. Critical Areas. For development within critical areas or their buffers that occur in the shoreline jurisdiction, the applicable provisions of this program shall apply.

c. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(B), Development regulation matrices. The criteria for assigning a buffer width that is greater than the minimum standard are specified in BMC 22.08.010(B)(2), Shoreline buffers.

d. For shorelines where critical areas in addition to FWHCAs are present (for example, wetlands or frequently flooded areas) the most protective buffer set forth in this program shall apply.

e. Uses within the urban conservancy designation shall also comply with the applicable requirements in Chapters 22.08 and 22.09 BMC.

f. Height in marine reaches 8, 9, 13 through 14, 16 through 17 and in freshwater reaches Chuckanut 1 and 4, Padden Creek 1, Lake Whatcom 4 through 5 and Lake Padden 1 and 3 shall not exceed 35 feet.

g. Height in Whatcom 1, upstream of Holly Street, Whatcom 2 through 5, Squalicum 1 and Squalicum 2 through 5 (except for in reaches with single-family zoning) shall not exceed three stories within the first 100 feet of shoreline jurisdiction and shall not exceed four stories within the second 100 feet within shoreline jurisdiction.

h. Height in Whatcom 1, between Holly Street and Roeder Avenue, shall not exceed 35 feet.

i. One bonus story shall be granted to those uses within the shorelines specified in subsection (B)(5)(g) of this section if all required parking for subject non-water-oriented uses is located within any combination of the building footprint of the structure (under-building or underground) or within a shared parking facility (a shared surface parking facility is allowed to satisfy this requirement).

j. Height for uses, when permitted, that are over- or in-water shall not exceed 25 feet from the elevation of the extreme high tide elevation (EHT).

k. Non-water-oriented uses whether established as part of a shoreline mixed-use development or as a stand-alone non-water-oriented use shall provide public access and native vegetation management consistent with the requirements in BMC 22.08.090, Public access, and BMC 22.08.100, Shoreline native vegetation management, and shall implement a minimum of three objectives specifically approved by the city from the restoration plan (Appendix B, Section 4 and also within Table 1) per the policies and regulations within BMC 22.09.100, Restoration and conservation.

l. Note: When implementation of an objective from the restoration plan includes work within a critical area or its buffer, the design shall include involvement and review of applicable permitting agencies including at a minimum the Washington State Department of Fish and Wildlife, Department of Ecology, and the United States Army Corps of Engineers including consultation with affected tribes.

m. Public access is not required for development within shorelines that are designated urban conservancy and are zoned “public.”

n. For substantial development on private property on any of Chuckanut, Whatcom or Squalicum Creeks, a conservation easement shall be recorded with the Whatcom County auditor across the required buffer area. Said conservation easement shall be recorded prior to issuance of building permits for the subject development.

C. Shoreline Residential (RES).

1. Purpose. Protect and improve the water quality within the Lake Whatcom Reservoir and restore shoreline ecological functions while accommodating residential redevelopment and new development including appurtenant structures.

As of 2009, the TMDL Response Plan is the most current and up to date scientific information available to protect and improve the water quality of Lake Whatcom. This response plan includes elements of the 2010 – 2014 Work Plan established by the Interjurisdictional Coordinating Team (ICT) as well as the Recommended Management Action for Protection and Restoration of the Lake Whatcom Reservoir, prepared by the Lake Whatcom Reservoir Technical Review Task Force in May 2009. This plan should be implemented either through future code revisions or in the development of future watershed protection programs. (10/5/2009 WS)

2. Citizens who live, recreate and do business within the Lake Whatcom watershed should always be aware of the impacts that their behaviors and activities have on the reservoir. Individuals should also be aware that they have the ability to change their behaviors and activities in such a way that benefits the reservoir.

3. The Lake Whatcom Management Program (LWMP) is a guidance document available to citizens who live, recreate and do business within the Lake Whatcom watershed. The LWMP was created by staff persons from the city of Bellingham, Whatcom County and Water District No. 10 and volunteers.

4. The LWMP was developed after the passage of a Joint Resolution in 1992 between the agencies listed above. It included six general goals and 21 more specific goals revolving around management of Lake Whatcom.

5. The main areas of focus were related to land use, stormwater management and watershed ownership. Six comprehensive goals were developed:

a. To recognize Lake Whatcom and its watershed as the major drinking-water reservoir for the county and develop public and private management principles for the lake and watershed consistent with a drinking water reservoir environment. Affirm this goal by establishing the name: Lake Whatcom Reservoir.

b. To protect, preserve and enhance water quality and manage water quantity to ensure long-term sustainable supplies for a variety of uses, with priority placed on domestic water supply. Management programs and actions will be made in recognition of existing contractual agreements and potential for review and renegotiation in light of these goals.

c. To prioritize protection over treatment in managing Lake Whatcom and its watersheds. Management actions shall reflect a long-term view of replacement or treatment costs.

d. To manage water quantity to sustain long-term efficient use of the water for beneficial uses within the county that are consistent with a drinking-water reservoir, and recognize the integral link with the Nooksack River and associated water resource concerns.

e. To ensure that opportunities for public comment and participation are provided in policy and management program development, and to promote public awareness and responsible individual actions.

f. To promote learning, research, and information opportunities which better our understanding of the watershed system, the impacts of activities, and the benefits and potentials of policies implemented.

In 1999, the LWMP was amended and adopted with a specific priority placed on program areas related to land use, stormwater management and watershed ownership to help achieve the comprehensive goals. A five-year work plan was created that included these program areas:

Watershed ownership

Stormwater management

Urbanization/land development

Community outreach

Data and information management

Fish/wildlife/forestry

Spill response/hazard material

Transportation

Utilities and waste management

Recreation

The Interjurisdictional Coordinating Team (ICT) manages the work plan that details all of the current and planned activities/programs that help implement the LWMP. The ICT has updated its recommendations for the 2010 – 2014 Lake Whatcom Work Plan. Each program area from above has a task, an action and a finished work product.

The work plan can be viewed at http://lakewhatcom.wsu.edu or on the city’s website: http://www.cob.org/pw/lw/index.htm

6. Management Policies.

a. The majority of activity in the shoreline residential designation (Lake Whatcom) will be focused on redevelopment of and addition to existing homes, replacement of appurtenant structures (garages, sheds, decks) and minimization of single-family docks and bulkheads. These redevelopment activities should be managed in order to improve the ecological functions of the Lake Whatcom shoreline, especially the water quality and the near-shore environment.

b. All impacts to ecological function and values should be fully mitigated with the mitigation sequencing specified in BMC 22.08.020, Mitigation sequencing.

c. Development should include measures to improve the ecological function of Lake Whatcom, treat and slow the amount of stormwater entering the lake, restore the near-shore aquatic areas to a naturalized area and provide new native riparian vegetation at the shoreline edge.

d. Preservation of resources and critical areas should have priority over access, private and public recreation, replacement of existing structural shoreline stabilization and development objectives whenever a conflict exists.

e. Alternatives to traditional impervious areas should be implemented to the maximum extent possible.

f. Structurally engineered shoreline modifications and stabilization should be prohibited except in cases of emergency as defined herein.

g. Multifamily residential and recreational developments should provide shoreline areas for joint use, and public access to the shoreline.

h. Where contiguous lots are developed or platted with new single-family residences, or where multifamily residential developments occur, a single joint-use dock and common open spaces should be a priority.

i. Establishment of a variety of new native vegetation within a required buffer to slow surface and ground water movement and for improvement of the near-shore function including habitat and natural resources should be a priority.

j. Development on portions of the Lake Whatcom shoreline that are designated as shoreline residential shall also comply with Chapter 22.04 BMC.

7. Designated Reaches.

a. Lake Whatcom 2 through 3 and 6 through 7.

8. Permitted Uses.

Shoreline Residential – BMC 22.03.030(C)(8) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings – Lake Whatcom

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Lake Whatcom 2 – 3 and 6 – 7

c

x

c/x

x

x1

p

x

p/x

p

p

p

p

1 Single-family docks/floats are considered water-dependent uses.

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

9. Conditional Uses.

a. Conditional Uses. Those conditional uses as allowed by the underlying zoning for the area.

10. Regulations.

a. Development within shorelines designated as shoreline residential shall not result in a net loss of shoreline ecological functions.

b. Critical Areas. For development within critical areas or their buffers that occur in shoreline jurisdiction, the applicable provisions of this program shall apply.

c. Setbacks and Buffers. Development within shoreline reaches designated as shoreline residential shall be set back from the field-determined ordinary high water mark (approximately elevation 314 feet above sea level) of the shoreline in accordance with the table in BMC 22.11.030(C), Development regulation matrices.

d. For shorelines where critical areas other than fish and wildlife habitat conservation areas are present, the most protective buffer set forth in this program shall apply.

e. Development shall fully comply with applicable requirements in Chapter 16.80 BMC (Lake Whatcom Reservoir regulatory chapter) and Chapter 15.42 BMC.

f. If Chapter 16.80 BMC does not apply to residential development within the shoreline residential designation, said development shall still comply with the standards in BMC 22.08.100, Shoreline native vegetation management.

g. An affidavit shall be provided that specifies that the required native vegetation has been installed and shall be subject to inspection and verification by city staff. If the required vegetation cannot be installed due to the season and likelihood of survival, the applicant shall guarantee in writing that the required vegetation shall be installed within one year of permit issuance, or otherwise be in violation of this program.

h. Shoreline modification/bank stabilization, piers, docks and floats may be allowed subject to the requirements within Chapters 22.08 and 22.09 BMC.

i. Appurtenant structures are allowed and shall be subject to the same buffer requirement as specified above in subsection (C)(10)(c) of this section and the requirements within Chapter 16.80 BMC.

j. Height, as defined, shall not exceed 35 feet.

k. New residential docks, when part of a development that serves two or more units (single-family or multifamily) shall be joint-use docks.

l. Public access is not required in a shoreline residential designation for development of an individual single-family building site.

m. Septic systems shall not be allowed within shoreline residential shorelines unless determined to be required per the public works department.

D. Urban Maritime (UM).

1. Purpose. Preserve areas for water-oriented public, commercial, transportation, and industrial uses. Urban maritime shorelines are a finite resource and should be utilized for these purposes while protecting existing ecological functions, restoring previously degraded areas and providing the general public with maximum access opportunities. Development in urban maritime shoreline areas should be managed such that it protects existing ecological functions.

2. Management Policies.

a. Where navigability is adjacent to upland areas, priority should be given to water-dependent uses. Water-related and water-enjoyment uses should be given second and third priorities respectively.

b. Protection and restoration of critical areas including pocket estuaries and beaches should be implemented as development occurs.

c. Non-water-oriented uses should not be allowed unless they are a supportive use to a water-oriented use or are established simultaneous, planned and integrated with a water-oriented use. Non-water-oriented uses proposed within existing buildings should be allowed.

d. Non-water-oriented uses may be allowed in limited situations when they do not conflict with or limit opportunities for existing or future water-oriented uses; are parcels, lots or tracts where there is not direct access to the shoreline by virtue of an improved public right-of-way or significant property under different ownership; are allowed via a conditional use to be conducted on a temporary basis.

e. Regulations should be established that achieve no net loss of shoreline ecological function as a result of new development. Where applicable, new development should include environmental cleanup and restoration of the shoreline to comply with applicable state and federal laws.

f. Visual and physical public access should be required as master plans in urban maritime shoreline areas are developed. Planning for the acquisition of land for permanent public access to the water in the urban maritime environment should be a priority. Where desirable and possible, industrial and commercial facilities should be designed to facilitate pedestrian waterfront activities.

g. All impacts to ecological function and values should be fully mitigated with the mitigation sequencing specified in BMC 22.08.020, Mitigation sequencing.

h. Aesthetic considerations should be actively promoted by means such as appropriate development siting and orientation, parking location, height and bulk limitations, floor area ratios, screening and architectural standards, planned unit developments, sign control regulations, and creation, enhancement and preservation of native vegetation areas.

i. Existing non-water-oriented commercial and industrial uses are not required to be relocated to nonwaterfront property but should be if opportunities to do so become available or are feasible.

j. Development and restoration planning and public access should be consistent with the Waterfront District Master Plan, upon adoption; the Bellingham Bay Demonstration Pilot Project Comprehensive Strategy; and the Opportunities and Ideas for Habitat Restoration and Water Access on Bellingham Bay (developed by the WFG) as development occurs unless there is a more practical alternative that achieves the same objectives.

k. To make maximum use of the available shoreline resources and to accommodate future water-oriented uses, substandard, degraded, or obsolete urban shoreline areas should be, where feasible, redeveloped, renewed and shoreline ecological function restored.

l. Full utilization of existing urban and previously developed areas should be achieved before further expansion is allowed.

m. Development within waters adjacent to the urban maritime designation shall comply with Chapter 22.04 BMC.

3. Urban maritime reaches are comprised of three different sub-areas as follows:

a. Urban maritime water-oriented uses as shown in Chapter 22.11 BMC, Marine Shoreline Reaches 1 through 8 Map and Shoreline Reaches 9 through 21 Map;

b. Urban maritime shoreline mixed uses as shown in Chapter 22.11 BMC, Marine Shoreline Reaches 1 through 8 Map and Shoreline Reaches 9 through 21 Map; and

c. Urban maritime recreational uses as shown in Chapter 22.11 BMC, Marine Shoreline Reaches 1 through 8 Map – a portion of Marine Reach 4, i.e., head of the I & J waterway.

4. Uses.

Urban Maritime – BMC 22.03.030(D)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Landfill

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Marine 4 – Water-oriented

p

p

p

p/x

p

p/x

p1/x

x

p/x

x

p

p

p

Marine 4 – Shoreline mixed-use

p

p

p2

p/x

p2

p/x

p1/x

x

p/x

p2

p

p

p

Marine 4 – Recreational

p

p

p

p/x

p

p/x

p1/x

x

p/x

x

p

p

p

Marine 11 – Water-oriented

p

p

p

p/x

p

p/x

p1/x

x

p/x

x

p

p

p

1 Public water-enjoyment uses in/over water require CUP (except on Lake Whatcom and Lake Padden).

2 Only permitted when developed simultaneous, planned and integrated with a water-oriented use.

Note: Non-water-oriented uses established in existing buildings may be permitted, provided residential units shall not be established on the ground floor.

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

5. Regulations.

a. Development within urban maritime shorelines shall not result in a net loss of shoreline ecological functions.

b. Critical Areas. For development within critical areas or their buffers that occur in shoreline jurisdiction, the applicable provisions of this program shall apply.

c. Development shall comply with all applicable requirements in Chapters 22.08 and 22.09 BMC.

d. Development that is permitted water-ward of the elevation of the mean lower low tide shall be consistent with the applicable requirements in Chapter 22.04 BMC, Shorelines of Statewide Significance.

e. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(D), Development regulation matrices.

f. Development within the recreational sub-area shall comply with the requirements in subsections (F)(7) through (9) of this section, Shoreline Environmental Designations.

g. For shorelines where critical areas other than fish and wildlife habitat conservation areas are present, the most protective buffer set forth in this program shall apply.

E. Aquatic (A).

1. Purpose. Protect, restore and manage the unique characteristics of the aquatic environment.

2. Management Policies.

a. Aquatic uses should not adversely impact critical saltwater and freshwater habitats or their connectivity for salmonids and other aquatic and terrestrial species that migrate within the near-shore environment.

b. New aquatic uses should only be allowed for water-dependent uses, public access or ecological restoration and enhancement.

c. All developments and uses within navigable waters or their bedlands 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 aquatic species and wildlife, particularly those species using those areas for rearing and/or migration.

d. Aquatic 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. If aquatic uses are permitted under this objective, their impacts should be mitigated per the standards in BMC 22.08.020, Mitigation sequencing, necessary to assure no net loss of ecological function.

e. Aquatic uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrologic conditions including sediment transport and benthic drift patterns.

f. Dredging and dredge spoils disposal operations should be accomplished in such a manner that results in no net loss of ecological function and should restore, enhance and/or improve ecological function wherever appropriate.

g. Aquatic uses should not prevent public access to the shorelines from uplands or from the water to uplands.

h. Recreational uses within aquatic areas should not conflict with water-dependent uses.

i. Abandoned and neglected structures that cause adverse visual or habitat impacts or are a hazard to public health, safety, and welfare should be removed or restored to a usable condition.

j. Where the state owns abutting upland, priority will be given to joint development of the uplands and second class tidelands for public use.

3. Designated Waterbodies.

a. Areas waterward of the OHWM for all shorelines within the city including wetlands and Bellingham Bay out to the jurisdictional limits of the city.

4. Permitted Uses.

Aquatic – BMC 22.03.030(E)(4) 

Use and Modification Table

As further limited by zoning

Aquaculture

Boating Facilities

Commercial Development

Dredging and Disposal

Industrial Development

In-Water Structures

Piers, Floats, Pilings

Recreational Development

Residential Development

Restoration and Conservation

Roads, Railways, and Utilities

Stormwater Management Facilities

Waterward of OHWM1 and 3

p

p

x

c/x

x

p

p2

p/x

x

p

c

c

1 Water-dependent use only, as further limited by the use and development regulations of the abutting upland shoreline designation.

2 Public water-enjoyment uses in/over water require CUP (except on Lake Whatcom and Lake Padden).

3 Conditional use permit required for water-dependent aquatic uses in freshwater streams.

Note: Commercial agriculture and mining are not permitted uses within the city of Bellingham. Forest practice only allowed as Class IV.

Legend:

p = Permitted (SDP or exemption)

c = Conditional use permit

x = Prohibited

/ = Water-oriented/Non-water-oriented

5. Regulations.

a. For development and uses within critical areas or their buffers that occur in the shoreline jurisdiction, the applicable provisions of this program shall apply.

b. When aquatic development occurs within shorelines of statewide significance, the policies in Chapter 22.04 BMC shall also apply.

c. Aquatic uses shall not result in a net loss of shoreline ecological function.

d. Development shall be consistent with the development regulation matrix in BMC 22.11.030(E), Development regulation matrices.

e. Aquatic uses shall not disrupt the hydrologic function of the water body in terms of current, wave action or tidal influence.

f. Where the state owns aquatic areas/bedlands that are not managed by a local entity such as the city or port of Bellingham, long-term or permanent mooring and anchorage shall be prohibited in those areas to minimize potential impacts on existing aquatic ecological function, navigation, view impacts, and other water-dependent uses. Vessels and floating structures that are anchored in the same general location long-term (greater than consecutive 30 days) may be considered substantial development requiring a shoreline permit and shall also require a shoreline conditional use permit. Such long-term or permanent anchorage shall also comply with State Department of Natural Resources requirements.

g. Aquatic uses shall not interfere with water-dependent uses or compromise the public’s ability to safely enjoy access to the shoreline and aquatic areas from uplands and from the water.

h. When dredge disposal of contaminated materials occurs within aquatic areas the standards within Chapter 173-204 WAC shall apply.

F. Waterfront District. The city and port of Bellingham are currently involved in a master planning effort for the waterfront district special development area (WDSDA). The intent of the waterfront district shoreline designation is to implement “special area planning” and to facilitate the current waterfront district master planning, incorporate public input and comply with the state of Washington Shoreline Management Act (Chapter 90.58 RCW) and the Shoreline Guidelines (Chapter 173-26 WAC). The Shoreline Guidelines describe “special area planning” as a regulatory tool which allows local governments to address shoreline management issues on complicated sites where a range of issues must be addressed. See Shoreline Guidelines, WAC 173-26-201(3)(d)(ix).

1. Purpose. To plan for, protect and implement restoration of the shoreline ecological function, reserve areas for water-dependent and water-related uses, maximize public access to the shoreline and accommodate shoreline mixed uses and non-water-oriented uses where appropriate.

2. Management Policies (adapted from special meeting on March 7, 2006, where 2-08-06 version of Waterfront District Implementation Strategies and WFG Guiding Principles for city center sub-area were approved by city council/port commission).

a. The city should coordinate with state, federal and local agencies, organizations, and institutions, including the Lummi Nation and Nooksack Tribe, to improve the ecological function of the shorelines.

b. Opportunities for cooperative projects and joint funding for shoreline restoration, habitat enhancement, environmental remediation and public access improvements should be identified.

c. Where feasible, hardened shoreline along the Whatcom Waterway, ASB lagoon and other shores should be removed or reduced, and the shoreline should be rehabilitated and enhanced for improved habitat and public access.

d. Sites identified in the Waterfront Futures Group “Opportunities and Ideas for Habitat Restoration and Water Access on Urban Bellingham Bay” and other plans and studies should be evaluated for designation as public access and shoreline restoration sites in the Waterfront District Master Plan and city of Bellingham shoreline master program.

e. Appropriate locations for water-dependent and water-related uses should be identified and reserved. Appropriate design features and transitional areas to buffer uses which produce noise, glare or odors from other adjacent uses should be developed and implemented, where appropriate.

f. Appropriate sites for water-related uses and ancillary activities to support commercial fishing, recreational boating and maritime industries, including boat building and repair to preserve the nautical history of our community should be identified and reserved.

g. The waterfront district site should be redeveloped with a mix of uses including administrative, professional, institutional, housing, retail and water enjoyment development, services, educational and cultural facilities and water-dependent and water-related industrial uses.

h. Pocket beaches at the head of the Whatcom Waterway such as the Central Avenue pocket beach and the Roeder Avenue mudflats, and the I & J Waterway, the foot of Cornwall Avenue and the foot of C and G Streets, and adjacent to the historic GP log pond should be reserved for preservation and restoration/enhancement as habitat and public access points.

i. An interconnected system of waterfront access and view points, public parks, open spaces, pedestrian walkways and bicycle routes which will be the backbone of the waterfront district special development area should be developed.

j. The majority of the water’s edge should be accessible via nonvehicular means of transportation, including pedestrian walkways, bicycle trails, motorized and nonmotorized boat access, and transient moorage, and should be connected to a network of parks, trails and transit connections.

k. Public access to areas used for water-dependent industry or government agency uses or into critical areas where it would conflict with public health or safety, habitat protection or national security should be restricted, limited or controlled through appropriate design.

l. Parking should be located under buildings, within parking structures located away from or opposite the shoreline from the development unless associated with a water-dependent use or no other feasible alternative exists. Subject to the Waterfront District Master Plan design and phasing, surface parking may be developed as an interim use on areas planned for future redevelopment, enabling its evolution over time into a denser environment.

m. Streets should be aligned to facilitate circulation and accommodate future land uses, and building heights should be limited to preserve water views from street ends and other key public view points.

n. Bio-swales, rain gardens and other appropriate low impact development (LID) techniques should be implemented to manage stormwater.

o. The port and the city should work cooperatively to implement processes to ensure building permit predictability, consistency, and expediency within the waterfront district special development area.

p. Shoreline permits granted for development proposals within the waterfront district special development area should include adequate expiration timelines and phasing schedules in order to be consistent with the objectives in subsection (F)(2)(o) of this section.

3. Reaches Designated Waterfront District.

a. Marine 5 through 7 (Marine Shoreline Reaches 1 through 8 Map as shown in BMC 22.11.010, Shoreline designation maps) and are comprised of three sub-areas:

i. Waterfront district water-oriented uses;

ii. Waterfront district shoreline mixed use; and

iii. Waterfront district recreational uses.

4. Uses. See the development regulation matrix; waterfront district in BMC 22.11.030(F), Development regulation matrices.

a. Permitted Uses Within the Waterfront District Water-Oriented Uses Sub-Areas.

i. Water-dependent uses;

ii. Water-related uses;

iii. Water-enjoyment uses;

iv. Restoration and enhancement;

v. Uses and activities specified in BMC 22.08.010(B)(4), Shoreline buffers;

vi. Non-water-oriented accessory uses that directly support a permitted use; and

vii. Preservation or adaptive reuse of historic structures.

b. Permitted Uses Within the Waterfront District Shoreline Mixed-Use Sub-Areas.

i. Those uses specified in subsections (F)(4)(a)(i) through (vii) of this section; and

ii. Non-water-oriented uses including residential uses within a shoreline mixed-use structure subject to the requirements in subsection (F)(6) of this section.

iii. Any water-oriented or non-water-oriented use that includes preservation and/or adaptive reuse of historic structures.

c. Permitted Uses Within the Waterfront District Recreational Uses Sub-Area.

i. Those uses specified in subsections (F)(4)(a)(i) through (vii) of this section; and

ii. Interim construction staging and environmental remediation uses subject to BMC 22.08.140.

d. Conditional Uses Within All of the Waterfront District Shoreline.

i. Public water-enjoyment uses over or in water;

ii. Change from an existing non-water-oriented use to a different non-water-oriented use; and

iii. Temporary stand-alone non-water-oriented uses may operate or be staged within the two existing warehouses and/or land area within the shoreline jurisdiction at the Bellingham Shipping Terminal and within existing structures only between the historic GP log pond and Roeder Avenue subject to the applicable requirements in BMC 22.06.050, Conditional uses.

5. Development Regulations for the Waterfront District Water-Oriented Uses Sub-Area.

a. Development shall result in no net loss of shoreline ecological functions.

b. Development shall comply with all applicable requirements in Chapters 22.04, 22.08 and 22.09 BMC.

c. For development within critical areas or their buffers that occur in shoreline jurisdiction, the appropriate provisions of this program shall apply.

d. For shorelines where critical areas other than fish and wildlife habitat conservation areas are present, the most protective buffer set forth in this program shall apply.

e. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(F), Development regulation matrices, and subsection (F)(5)(f) of this section, and as specified in subsection (F)(7) of this section.

f. Water-oriented uses shall not exceed a height of 35 feet except that, when a water-oriented use greater than 35 feet in height but not more than 50 feet in height is proposed, a view analysis shall be conducted in order to prevent obstruction of identified public view corridors; provided, existing building heights may be modified if the current maximum height is not exceeded. Heights greater than 50 feet, or greater than the existing maximum height as applied to existing buildings, shall be subject to the requirements for a variance in BMC 22.06.030, Shoreline substantial developments.

g. Non-water-oriented accessory uses as specified in subsection (F)(4)(a)(vi) of this section shall not exceed the height of the permitted use.

h. Development shall provide public access subject to the public access requirements and criteria in BMC 22.08.090, Public access.

i. Stand-alone water-enjoyment uses shall be designed to be oriented towards the shoreline such that the general public has the opportunity to enjoy the aesthetics of a shoreline location and have physical and/or visual access to the shoreline.

6. Regulations within the waterfront district mixed-use sub-area are as follows:

a. Development shall result in no net loss of shoreline ecological functions.

b. Development shall comply with all applicable requirements in Chapters 22.04, 22.08 and 22.09 BMC.

c. For development within critical areas or their buffers that occur in shoreline jurisdiction, the appropriate provisions of this program shall apply.

d. For shorelines where critical areas other than fish and wildlife habitat conservation areas are present, the most protective buffer set forth in this program shall apply.

e. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(F), Development regulation matrices, and subsection (F)(6)(f) of this section, and as specified in subsection (F)(8) of this section.

f. The maximum setbacks and buffers within the waterfront district shoreline mixed-use sub-area may be reduced down to the minimum setbacks and buffers (both as specified in BMC 22.11.030(F), Development regulation matrices) as conditioned upon the adoption of a comprehensive plan amendment for a Waterfront District Master Plan and Development Agreement (WDMPDA) for the entire waterfront district special development area or, upon the adoption of a master plan for a portion of land area within the waterfront district; provided, said draft WDMPDA shall be reviewed by Ecology’s Bellingham Field Office for consistency with SMA Policy and this SMP at the time the WDMPDA is presented to the Bellingham planning commission. Said consistency review (not a SMP amendment) shall be performed within 60 days of receipt by Ecology’s Bellingham Field Office and also prior to final adoption of the WDMPDA by the city.

If a master plan – as specified above – is not adopted, the maximum setbacks and buffers within Table 22.11.030(F), shoreline environmental designations for the mixed-use sub-area shall apply.

g. The total height of a shoreline mixed-use structure (one that includes water-oriented uses and non-water-oriented uses) shall not exceed 35 feet. Additional height up to 50 feet may be granted if all required parking for the subject non-water-oriented uses (with the exception of loading/unloading areas) is provided within the footprint of the subject structure and/or within a shared parking facility (such as a surface lot or parking structure) and the additional height shall be subject to a view analysis. Said view analysis shall be conducted in order to prevent obstruction of identified public view corridors. Building height greater than 50 feet shall be subject to a variance.

h. Non-water-oriented uses within a shoreline mixed-use structure, as specified in subsection (F)(4)(b)(ii) of this section, shall be established or developed concurrently with a water-oriented use and shall provide public access and habitat restoration between the subject development and the adjacent shoreline subject to the requirements in subsections (F)(6)(i) through (l) of this section.

i. When a shoreline mixed-use development is proposed, public access, when required, shall be provided between the subject development and the adjacent shoreline concurrently and shall be consistent with an adopted master plan and/or public access plan. In cases where said public access cannot be provided due to seasonal constraints, including fish windows, the timing with other planned/ongoing soil remediation or implementation of a habitat restoration project, said public access shall be secured with a financial surety totaling 150 percent of the cost of the required access or some other acceptable surety as may be specified by the planning department director or within the Waterfront District Development Agreement, upon adoption.

j. In the absence of a master plan or public access plan as specified in subsection (F)(6)(f) of this section, required public access shall be designed and configured on a site-by-site basis consistent with BMC 22.08.090, Public access. Said plan shall be reviewed and approved by the planning, environmental resources and the parks and recreation departments.

k. When a shoreline mixed-use development is proposed, habitat restoration, as required in subsection (F)(6)(h) of this section, shall be provided per an approved habitat restoration plan. In absence of said habitat restoration plan, the subject development shall incorporate a minimum of three objectives from the restoration plan (Section 4, Appendix B). In both cases, said restoration plan shall be consistent with BMC 22.09.100, Restoration and conservation, and shall be reviewed and approved by the environmental resources division and the planning department.

l. Said required habitat restoration shall be completed prior to occupancy of the subject uses. In cases where the required habitat restoration cannot be provided due to seasonal constraints, including fish windows, or the timing with other planned/ongoing soil remediation or implementation of public access projects, said habitat restoration shall be secured with a financial surety totaling 150 percent of the required restoration project or some other acceptable surety as may be specified by the planning department director or within the Waterfront District Development Agreement, upon adoption.

m. Non-water-oriented uses shall not occupy the portion of the ground floor of a mixed-use structure that fronts on or is adjacent to the shoreline. (Only parking in the rear of the ground floor of a shoreline mixed-use structure is permitted.)

n. In no case may residential uses within a shoreline mixed-use structure occupy the ground floor.

7. Development Regulations for the Waterfront District Recreational Use Sub-Area.

a. Development shall result in no net loss of shoreline ecological functions.

b. Development shall comply with all applicable requirements in Chapters 22.03, 22.08 and 22.09 BMC.

c. Setbacks, Buffers and Height. Development shall be in accordance with the table in BMC 22.11.030(F), Development regulation matrices, and as specified in subsection (F)(8) of this section.

d. Water-oriented uses shall not exceed a height of 25 feet. Heights greater than 25 feet shall be subject to the requirements for a variance in BMC 22.06.030, Shoreline substantial developments.

e. Non-water-oriented access uses as specified in subsection (F)(4)(a)(vi) of this section shall not exceed the height of the permitted use.

f. Development shall provide public access subject to the requirements in BMC 22.08.090, Public access.

g. Stand alone water-enjoyment uses shall be designed to be oriented towards the shoreline such that the general public has the opportunity to enjoy the aesthetics of a shoreline location and have physical and/or visual access to the shoreline.

h. Interim construction staging and environmental remediation uses shall be discontinued at the time the property is converted to park use.

8. Within the Waterfront District shoreline mixed-use and recreational use sub-areas, a buffer shall not be required for water-dependent and water-related uses where there is an existing sheet pile, bulkhead or other vertical (90-degree) structure in water or at the OHWM. The required buffer shall not apply until such time that said feature(s) is removed permanently. Replacement of said structure(s) for a permitted use would not trigger the buffer requirement.

9. Allowed uses/activities within a required buffer area are as follows:

a. Those portions of water-dependent and water-related issues uses that require direct access to the water (piers and gangways, boat launches, loading/unloading areas, view overlooks/platforms, etc.); and

b. Those uses and activities as specified in BMC 22.08.010(B)(4), Shoreline buffers. [Ord. 2013-02-005 § 2 (Exh. 1)].


1

    Natural or restored shoreline ecosystems and processes that occur over time, such as channel migration or sea level rise, have the potential to alter the point of beginning (ordinary high water mark, outer extent of a floodway, floodplain or channel migration zone) from which the extent of shoreline jurisdiction is measured. In these instances, determination of said point of beginning is subject to subsection (B) of this section.