Chapter 22.11
SHORELINE DESIGNATION MAPS, SHORELINES OF STATEWIDE SIGNIFICANCE AND DEVELOPMENT REGULATION MATRICES

Sections:

22.11.010    Shoreline designation maps.

22.11.020    Shorelines of statewide significance map.

22.11.030    Development regulation matrices.

22.11.010 Shoreline designation maps.

[Ord. 2013-02-005 § 2 (Exh. 1)].

22.11.020 Shorelines of statewide significance map.

[Ord. 2013-02-005 § 2 (Exh. 1)].

22.11.030 Development regulation matrices.

A. Natural.

B. Urban Conservancy.

C. Shoreline Residential.

D. Urban Maritime.

E. Aquatic.

F. Waterfront District.

22.11.030(A) – NATURAL Development Regulation Matrix 

NATURAL – MARINE

Reach #

Setback1

(from buffer edge)

Buffer

(min – max)

Height

Pub Acc Req’d2

Hab Rest Req’d3

Marine 1 and 18 – 20

15'

200'

35' max/>35' = variance

subject to BMC 22.08.090

N

NATURAL – FRESHWATER

Chuckanut 2 – 3

15'

100 – 250'

35' max

subject to BMC 22.08.090

N

Whatcom 6 – 7

15'

150 – 250'

>35' = variance

" **

"

Whatcom 8

15'

100 – 200'

"

" **

"

Lake Padden 2 – 4

15'

200'

"

" **

"

Lake Whatcom 1

15'

200'

"

" **

"

1    Except that landscaping, pervious decks, balconies and stairs/steps, and eaves and/or overhangs may encroach into required setback.

2    Except that public access is not required for those reaches that are designated natural and zoned public. (None in natural marine.)

3    Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

22.11.030(B) – URBAN CONSERVANCY Development Regulation Matrix 

URBAN CONSERVANCY – MARINE 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height1

Pub Acc Req’d

Hab Rest Req’d4

Marine 2 – 32

5'

150' – 200'

35' max

Y w/N-W-O

Y w/N-W-O

 

5'

150' – 200'

35' max

"

"

Marine 3 w/in city

5'

50' – 100'

3 stories w/bonus

"

"

Marine 8 – 9, 14, 16

15'

150' – 200'

35' max

"

"

Marine 10 and 12

5'

100' – 200'

35' max

"

"

Marine 13

15'

200'

35' max

"

"

Marine 15

15'

100' – 150'

35' max

"

"

Marine 173

15'

100' or top bank + 50'** whichever is greater

35' max

"

"

Marine 215

0'

0'

0'

Y

Y

All marine reaches

15'

per reach, above

25'

 

 

Whatcom 1 north upstream of Holly

5'

50'

3 story w/in 100'

4 story w/in 100' – 200'

Y w/N-W-O

Y w/N-W-O

Whatcom 1 south upstream of Holly

5'

100'

"

Y w/N-W-O

Y w/N-W-O

Whatcom 1 north btwn Holly/Roeder

5'

50 – 75'

35' max

Y w/N-W-O

Y w/N-W-O

Whatcom 1 south btwn Holly/Roeder

5'

50 – 75'

35' max

Y w/N-W-O

Y w/N-W-O

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit

1    For specific regulations on height in the urban conservancy designation please refer to BMC 22.03.030(B)(5)(f) through (j).

2    Marine 2 and a portion of 3 is within the county and currently these shorelines have an “urban” designation. Upon annexation into the city these shorelines would have the city’s urban conservancy designation and requirements.

3    Marine 17 is already protected via an existing shoreline permit. Minimum and maximum buffers shown reflect the shoreline permit.

4    Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

5    Marine 21 is the causeway for the BNSF railroad. If for some reason the use of this causeway changes it shall be for a water-enjoyment use. (Trail)

22.11.030(B) – URBAN CONSERVANCY Development Regulation Matrix (Continued)

URBAN CONSERVANCY – FRESHWATER 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height1

Pub Acc Req’d

Hab Rest Req’d3

Chuckanut 1 and 4

15'

100' – 250'

35' max

subject to BMC 22.08.090

N

Padden Creek 1

15'

100' – 200'

35' max

Y w/N-W-O

Y w/N-W-O

Whatcom 2 – 5

5'

100' – 200'

3 story w/in 100'

4 story w/in 100' – 200'

Y w/N-W-O

Y w/N-W-O

Squalicum 1

5'

75' – 100'

3 story w/in 100'

4 story w/in 100' – 200'

Y w/N-W-O

Y w/N-W-O

Squal 2 – 5 and 9 – 11

15'

100' – 200'

"2

Y w/N-W-O

Y w/N-W-O

Squal 6 west 1/2

15'

100' – 200'

"

" **

"

Squal 6 east 1/2

15'

150' – 250'

"

" **

"

Squal 7

15'

150' – 250'

"

" **

"

Squal 8

15'

100' – 200'

"

" **

"

Lake Whatcom 4

5'

200'

35' max

N

N

Lake Whatcom 5

5'

100' – 200'

"

Y w/N-W-O

Y w/N-W-O

Lake Padden 1 and 3

15'

200'

"

N

N

All UC freshwater

per reach, above

per reach, above

25'

subject to BMC 22.08.090

subject to BMC 22.08.100

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit

1    For specific regulations on height in the urban conservancy designation please refer to BMC 22.03.030(B)(5)(f) through (j).

2    Those portions of Squalicum Reaches 2 and 3 that are within single-family zoning are limited to 35 feet in height – otherwise: height is limited to three stories and bonus story is available if all parking for subject N-W-O use is within the building footprint or within a shared parking facility and as stated in BMC 22.03.030(B)(5)(i).

3    Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

22.110.030(C) – SHORELINE RESIDENTIAL Development Regulation Matrix 

SHORELINE RESIDENTIAL 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height

Pub Acc Req’d

Hab Rest Req’d2

Lk Whatcom 2 – 3 and 6 – 71

5'

100'

35' max

only if creating 4+ SFR lots

Y if required by Chapters 16.80 and 15.42 BMC

All Shoreline Res designations

5'

per reach, above

per reach, above

only if creating 4+ SFR lots

Y if required by Chapters 16.80 and 15.42 BMC

    CUP: shoreline conditional use permit

1    The portion of Lake Whatcom 6 and all of Lake Whatcom 7 are currently within the county and are also designated shoreline residential. Upon annexation into the city, these shorelines would have the city’s shoreline residential designation and requirements.

2    Mitigation sequencing is required per BMC 22.08.020 and Chapters 16.80 and 15.42 BMC may require establishment of a NVPA or engineered stormwater system.

22.11.030(D) – URBAN MARITIME Development Regulation Matrix 

URBAN MARITIME – WATER-ORIENTED ONLY 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height2

Pub Acc Req’d

Hab Rest Req’d1

Marine 4 – portion and Marine 11 water-oriented

0'

0'

60'

subject to BMC 22.08.090

N

Over-water structures as permitted in BMC 22.03.030(D)(4) (Use Table)

0'

0'

25' as measured from the elevation of the OHWM

subject to BMC 22.08.090

N

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit

1    Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

2    Except existing buildings may be modified provided their current maximum height is not exceeded.

22.11.030(D) – URBAN MARITIME Development Regulation Matrix (Continued)

URBAN MARITIME – SHORELINE MIXED USE 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height

Pub Acc Req’d

Hab Rest Req’d1

Marine 4 – portion W-O and N-W-O including residential

0'

45'

35' max

>35' <=50' w/view analysis

>50' = variance

subject to BMC 22.08.090

yes per apprv’d plan or min of 3 objectives from rest plan and consistent with BMC 22.09.100

W-R and Public W-E in or over water

0'

0'

25' as measured from the elevation of the OHWM

subject to BMC 22.08.090

N

1    Mitigation sequencing is still required per BMC 22.08.100 and a subsequent analysis can include or result in required restoration.

22.11.030(D) – URBAN MARITIME Development Regulation Matrix (Continued)

URBAN MARITIME – RECREATIONAL USE 

Reach #

Setback

(from buffer edge)

Buffer

(min – max)

Height

Pub Acc Req’d

Hab Rest Req’d1

Marine 11 – portion

0'

45'

<35' outright

>35' <50' w/view analysis

>50' = variance

subject to NWDP or public access plan or per BMC 22.08.090

yes per apprv’d plan or min of 3 objectives from rest plan and consistent with BMC 22.09.100

1    Mitigation sequencing is still required per BMC 22.08.020 and a subsequent analysis can include or result in required restoration.

22.11.030(E) – AQUATIC Development Regulation Matrix 

AQUATIC

Reach #

Setback

Buffer

Height

Pub Acc Req’d

Hab Rest Req’d

Waterward of OHWM

0'

0'

25' as measured from the elevation of the MHHT

N

N

22.11.030(F) – WATERFRONT DISTRICT Development Regulation Matrix 

WATERFRONT DISTRICT WATER-ORIENTED USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 

Use

Permitted

Setback

(from OHWM)

Buffer

(from OHWM)

Height1

Pub Acc Required

Hab Restoration Required2

Water-Dependent

on land

Y

0'

none

N/A

subj to BMC 22.08.090

N

in a structure

Y

0'

none

< or = to 35' outright

>35' < or = 50'; view analysis

>50' = variance

subj to BMC 22.08.090

N

Water-Related

on land

Y

0'

none

N/A

subj to BMC 22.08.090

N

in a structure

Y

50'

none

<35' outright

>35' < or = 50'; view analysis

>50' = variance

subj to BMC 22.08.090

N

Water-Enjoyment

on land

Y

0'

none

N/A

Y

N

in a structure

Y

50'

none

<35' outright

>35' < or = 50'; view analysis

>50' = variance

Y

N

public use over/in-water

CUP

N/A

N/A

25' from OHWM

Y

N

N-W-O

Only if is accessory to and supports a WD/WR/WE use

per the associated use

per the associated use

per the associated use

per the associated use

per the associated use

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit

1    Height: as defined in Chapter 22.10 BMC and as specified in BMC 22.03.030(F)(5)(g).

2    Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

22.11.030(F) – WATERFRONT DISTRICT Development Regulation Matrix (Continued)

WATERFRONT DISTRICT SHORELINE MIXED USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 

Use

Permitted

Setback (min-max)1

(from OHWM)

Buffer (min-max)1, 2

(from OHWM)

Height3

Pub Acc Required

Hab Restoration Required4

Water-Dependent

on land

Y

0'

25' – 50'; that portion necessary for the WD use may encroach the req’d buffer

N/A

Subject to BMC 22.03.030(F)(6)(f) and 22.08.090

N

in a structure

Y

0'

25' – 50'; that portion necessary for the WD use may encroach the req’d buffer

< or = to 35' outright

>35' < or = 50'; view analysis

>50' = variance

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

Water-Related

on land

Y

25' – 100'

25' – 50'

N/A

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

in a structure

Y

50' – 100'

25' – 50'; that portion necessary for the WD use may encroach the req’d buffer

< or = to 35' outright

>35' < or = 50'; view analysis

>50' = variance

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

Water-Enjoyment

on land (park, plaza)

Y

25'

25'

N/A

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

in a structure (e.g., aquarium, museum, restaurant)

Y

50' – 200'

25' – 50'

< or = to 35' outright

>35' < or = 50'; view analysis

>50' = variance

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

N-W-O

shoreline mixed-use structure

Y – if develp’d concurrently with any of WD/WR/WE use

50' – 150'

25' – 50'

< or = to 35' outright

>35' < or = 50'; view analysis

>50' = variance

Subject to BMC 22.03.030 (F)(6)(h) and 22.08.090

Y pursuant to BMC 22.03.030(F)(6)(h) and consistent with BMC 22.09.100

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit, WDMP: Waterfront District Master Plan

1    For shorelines within the waterfront district shoreline designation the setbacks and buffers shall be established as specified in BMC 22.03.030(F)(6)(f).

2    Except for WD and WR uses where there is an existing bulkhead or sheet piling or other vertical in-water structure – the required buffer does not apply. Replacement of said structures for a permitted use would not require compliance with the buffer requirement.

3    For shoreline mixed-use buildings, height shall be as specified in BMC 22.03.030(F)(6)(g).

4    Habitat restoration is outright required for developments where a non-water-oriented use is proposed within a shoreline substantial development pursuant to BMC 22.03.030(F)(6)(h). Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

    Benches and picnic tables are allowed within setback areas.

22.11.030(F) – WATERFRONT DISTRICT Development Regulation Matrix (Continued)

WATERFRONT DISTRICT RECREATIONAL USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 

Use

Permitted

Setback

(from OHWM)

Buffer

(from OHWM)

Height

Pub Acc Required

Hab Restoration Required1

Water-Dependent

on land

Y

0'

50'; that portion necessary for the WD use may encroach the req’d buffer

N/A

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

in a structure

Y

0'

50'; that portion necessary for the WD use may encroach the req’d buffer

25'

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

Water-Related

on land

Y

25'

50'

N/A

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

in a structure

Y

50'

50'

25'

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

Water-Enjoyment

on land (park, plaza)

Y

25'

50'

N/A

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

in a structure (e.g., aquarium, museum, restaurant)

Y

100'

50'

25'

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

N

Non-Water-Oriented

non-water-oriented that either support or are accessory to a permitted use

Y

Same as permitted use

50'

25'

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

Stand alone non-water-oriented uses are not permitted unless w/in a historic structure

non-water-oriented uses that adaptively reuse or preserve a historic structure

Y

Same as permitted use

50'

25'

Subject to BMC 22.03.030 (F)(6)(f) and 22.08.090

Stand alone non-water-oriented uses are not permitted unless w/in a historic structure

    WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit, WDMP: Waterfront District Master Plan

1    Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.

    Benches and picnic tables are allowed within setback areas.

[Ord. 2013-02-005 § 2 (Exh. 1)].