Chapter 1
Introduction
SECTIONS:
1.1 Requirements Of The Shoreline Management Act
1.2 The Port Townsend Role In Implementing The Shoreline Management Act
1.3 Purposes Of The Shoreline Master Program
1.5 The Port Townsend Shoreline Master Program
1.6 How The Shoreline Master Program Is Used
1.1 Requirements of the Shoreline Management Act
In November 1972, the people of the State of Washington enacted the Shoreline Management Act (RCW 90.58). 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:
A. Preparation of a “Master Program" in accordance with the policies and requirements of the Act and the State Shoreline Guidelines (WAC 173-26).
B. Development of a permit system in accordance with the requirements of the Act.
1.2 The City of Port Townsend’s Role in Implementing the Shoreline Management Act
In order to protect the public interest in the preservation and reasonable use of the shorelines of the state, the Shoreline Management Act establishes a planning program coordinated between the state and local jurisdictions to address the types and effects of development occurring along the state’s shorelines. By law, the City is responsible for the following:
A. Development of an inventory of the natural characteristics and land use patterns along “shorelines of the state” within the City’s territorial limits. This inventory provides the foundation for development of a system that classifies the shoreline into distinct “environments”. These environments provide the framework for implementing shoreline policies and regulatory measures.
B. Preparation of a "Shoreline Master Program" to determine the future of the shorelines. This future is defined through the goals developed for the following land and water use elements: economic development, public access, circulation, recreation, shoreline use, conservation, historical/cultural protection, and floodplain management. Local government is encouraged to adopt goals for any other elements, which, because of present uses or future needs, are deemed appropriate and necessary to implement the intent of the Shoreline Management Act. In addition, policy statements are developed to provide a bridge between the goals of the Master Program and the use activity regulations developed to address different types of development along the shoreline. Master Program regulations are developed and adopted, as appropriate, for various types of shoreline development, including the following: agriculture, aquaculture, forest management, commercial development, marinas, mining, outdoor advertising and signs, residential development, utilities, ports and water related industries, bulkheads, breakwaters, jetties and groins, landfills, solid waste disposal, dredging, shoreline protection, road and railroad design, piers, and recreation.
C. Development of a permit system to further the goals and policies of both the Act and the local Master Program.
Local governments have the primary responsibility for initiating the planning program and administering the regulatory requirements. The City of Port Townsend Shoreline Master Program must be consistent with the policies and requirements of the Shoreline Management Act and the State Shoreline Guidelines. The role of the Department of Ecology is to provide support and review of the Shoreline Master Program and subsequent shoreline development permits and approvals.
1.3 Purposes of the Shoreline Master Program
The Shoreline Management Act defines a Master Program as a “comprehensive use plan for a described area.” The shoreline planning process differs from the more traditional planning process in that the emphasis is on protecting the shoreline environment through management of uses.
The purposes of this Master Program are:
A. To carry out the responsibilities imposed on the City of Port Townsend by the Washington State Shoreline Management Act (RCW 90.58).
B. To promote uses and development of the Port Townsend shoreline consistent with the Port Townsend Comprehensive Plan while protecting and restoring environmental resources.
C. 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 Townsend.
1.4 Legislative Findings
The legislative findings and policies of the Act, as set forth in RCW 90.58.020, are as follows: the shorelines of the state are among the most valuable and fragile of its natural resources and 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 shorelines, necessitating increased coordination in the management and development of the shorelines of the state.
The legislature further finds that much of the shoreline of the state and adjacent uplands are in private ownership and that unrestricted construction on the privately owned and publicly owned shorelines of the state is not in the best public interest. Therefore, coordinated planning is necessary in order to protect the public interest associated with the shoreline of the state. 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.
There are three basic policy areas to the Shoreline Management Act (SMA): shoreline use, environmental protection and public access. The SMA emphasizes accommodation of reasonable and appropriate uses, protection of shoreline environmental resources and protection of the public’s right to access and use the 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 ensure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in navigable water, 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 water of the state and its aquatic life, while generally protecting public rights of navigation and its associated activities.
In accordance with the Act, Master Programs must provide for public access to publicly owned areas, and a recreational element for the preservation and enlargement of recreational opportunities. “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” (i.e., One must look at the overall “best interest” of the state and the people when considering public access opportunities. In some cases, public access goals may be superseded by the goals of environmental protection or promotion of appropriate uses).
The Act is intended to protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the waters of the state and their aquatic life..." against adverse effects. To this end, uses shall be preferred that are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent on use of the state’s shorelines. Alteration of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences, ports, parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, and to industrial and commercial developments that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.
1.5 The Port Townsend Shoreline Master Program
The following section summarizes the building blocks for this Shoreline Master Program.
A. 1974 Shoreline Master Program (SMP)
The City of Port Townsend adopted its first SMP in 1974. The Plan combined both the City’s shorelines and those of Jefferson County into a single document. Although the SMPs were adopted separately by the State of Washington, the programs were administered jointly over the next twenty years. It became apparent over the years, however, that the Jefferson-Port Townsend SMP was ill- fitted to the more urban development pressures facing Port Townsend. In short, the Jefferson-Port Townsend SMP, which was essentially written for rural Jefferson County, no longer could provide the level of protection to Port Townsend’s shorelines that its residents demanded.
In 1993, upon the recommendation of the Jefferson-Port Townsend Shoreline Management Advisory Commission, the City Council and the Board of County Commissioners, the SMPs were separated.
During the late 1980s and early 1990s amendments to the SMP were essentially project-specific amendments intended to prohibit certain development proposals. The result was a SMP that became disjointed in its approach to shoreline management issues and relied on an outside document, the Urban Waterfront Plan, as its primary source of policies and regulations. What was needed was a comprehensive revision to the SMP in its entirety.
Port Townsend Urban Waterfront Plan
The Port Townsend Urban Waterfront Plan was adopted in December of 1990 amidst a backdrop of controversy and the polarization of community interest groups. The scope of the Urban Waterfront Plan (UWP) covered the waterfront from the Port of Port Townsend properties at Point Hudson to the City limits south of the Boat Haven Marina. The planning area was further broken into eight subdistricts based upon the individual character of the district. Each piece of the waterfront planning area contributed to the character of the waterfront as a whole.
The concept of improved public access was identified as a vital part of planning for the shoreline, whereby walking continuously along the waterfront should be made easier, with greater connection between open spaces to provide opportunities for socializing, recreation and enjoyment of the natural environment. Other concepts introduced as a result of the Urban Waterfront Plan included a Special Height Overlay Zoning District, an Overlay Design Review District and new design guidelines for the area in an effort to manage growth and maintain the character of the urban waterfront. Historic preservation and the creation of environmental controls were other important issues that were further supported by the Urban Waterfront Plan, building on the Shoreline Master Program and the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Mandatory compliance for the review of all projects within the historic district was another outcome of the plan.
The general design guidelines that were included within the appendices of the Plan have been inserted within the zoning code – Waterfront Design Guidelines Overlay District. The development guidelines from each of the eight sub-districts have also been extracted from the Urban Waterfront Plan (UWP) and added to Title 17 of the zoning code, as well as to the Special Height Overlay District. Policies included in the UWP have been incorporated into this SMP, while projects recommended under the UWP have been incorporated into Appendix G – Public Access Enhancement Projects. The UWP was repealed upon adoption of the 2007 Shoreline Master Program Update.
Five urban design projects that would each play a significant role in achieving the community’s vision for its urban waterfront were identified in the Plan. These included: Waterwalk – creation of a continuous and coordinated trail along the waterfront; Jackson Bequest Sculpture – renovation to a sculpture of great community importance and improvements to its surroundings; Town Common – creation of a broad, open public space to connect various elements of community importance; Thomas Oil – acquisition of a key site for the future development of a community facility; and Crossroads Area – development as an important cultural and physical district with minimal public access and design improvements.
As a result of time restraints and the pressure to complete the Plan, there were some additional issues not fully outlined, among which were specific guidelines for public access and development of a plan for Point Hudson.
Comprehensive Public Access Plan
The Comprehensive Public Access Plan was adopted in October of 1992. The Plan was prepared as a tool to further the implementation of projects identified in the Port Townsend Urban Waterfront Plan of 1990. The geographic scope of the Comprehensive Public Access Plan covers the 200-foot wide strip of property along Port Townsend Bay, from the wetlands area located just beyond the southwest border of the Boat Haven along downtown to the northwest border of the Port properties at Point Hudson. The improvements included within the plan work to maintain the modest and informal character of public access along the shoreline. Policies included in the Comprehensive Public Access Plan have been incorporated into this SMP, while projects recommended under the Access Plan have been placed under the purview of the Parks and Recreation Commission. The Comprehensive Public Access Plan was repealed upon adoption of the 2007 Shoreline Master Program Update.
B. 2007 Shoreline Master Program Update
The City of Port Townsend originally initiated the Shoreline Master Program update voluntarily, anticipating three phases spanning from 2001 to 2005. In the midst of Phase II, the state legislature selected Port Townsend as an “early adopter,” that is, to be one of the first jurisdictions to update its Shoreline Master Program under the new legislation adopted in December of 2003. As an early adopter, the City was mandated to complete the update by December 1, 2005.
Phase I began in 2001. The City conducted a detailed analysis of shoreline conditions as the initial information gathering process associated with the preparation of an update to its Shoreline Master Program. The analysis included an extensive literature review of the City’s shorelines and peer review of the draft process. The result was the preparation of science-based recommendations for preserving, protecting, and restoring Port Townsend’s shoreline areas. Chapter 3 summarizes the major findings, conclusions, and observations from the City of Port Townsend Shoreline Master Program Update – Phase I 2002 Shoreline Inventory Summary Report. The entire text of the Inventory Report is on file with the City of Port Townsend Building & Development Services Department.
With the inventory in hand, the City entered Phase II of the process. The City convened a Shoreline Advisory Group (SAG) made up of various stakeholders, including representatives from State Parks, State Ferries, Department of Natural Resources, Department of Fish and Wildlife, the S’Klallam Tribe, the Port of Port Townsend, the Port Townsend City Council and Planning Commission, and residents and business operators. By the end of this phase, the group had set “provisional” shoreline designations and reviewed general goals.
Entering Phase III, the Shorelines Advisory group continued work on the goals and policies of the Master Program. Ad-hoc subcommittees formed to brainstorm on key areas such as Point Hudson, Boat Haven and the Restoration Plan. In all, the Advisory Group met 25 times from May 15, 2003, to July 7, 2005.
On June, 2, 2004 the City held an Open House to seek input from the general public with an emphasis on identifying restoration and public access opportunities.
Acknowledging the special circumstances surrounding Point Hudson marina, the City launched a focused public participation effort with the goal of providing the Shoreline Advisory Group with specific recommendations for Point Hudson. In February 2004, under a $20,000 CZM grant, the City retained a consultant to work with representatives from the City of Port Townsend and the Port of Port Townsend. The consultant also interviewed a number of key stakeholders, met on April 13, 2004 with a Joint City and Port subcommittee and, on April 14, 2004, conducted a public workshop attended by upwards of 70 individuals. Issues identified, along with options for addressing those issues, were compiled in a final report delivered to the Shoreline Advisory Group.
At a workshop on July 28, 2005, the Shoreline’s Advisory Group presented the Draft Shoreline Master Program to the Planning Commission. Advisory Group members reflected positively on the “nuts and bolts process” and the “spirit of compromise” embodied in the draft document.
Review of the draft Master Program continued with a Planning Commission Hearing held over a series of ten meetings. On October 13, 2005, after considering public testimony, deliberating the issues and incorporating necessary revisions, the Planning Commission voted 6-0-2 to recommend approval of the Draft Shoreline Master Program. In their recommendation to Council, the Commission noted:
“Critical to the success of this effort has been the participation of key stakeholders, including those that participated as part of the City’s Shoreline Advisory Group (Advisory Group). The Planning Commission wishes to extend its heartfelt thanks to all members of the Shoreline Advisory Group for their significant service to the city and their fellow citizens.”
City Council initiated their review of the Draft SMP on October 20, 2005. The public hearing was continued over five additional meeting dates: November 17, November 28, December 5,12th and 19 (see Minutes, attached). The December 19 hearing continued past midnight. In the early morning hours of December 20, 2005, Council moved to approve the Shoreline Master Program and forward the document to the Department of Ecology for review and adoption (Resolution 05- 046).
Public involvement in the update process was continuous and the City engaged in various means to inform the public of the update effort. In addition to written comments, public testimony was welcome at each advisory group meeting, planning commission and council hearing. The City’s public outreach program included posting of minutes, drafts, overviews on the City’s website, broadcasts on Port Townsend public television, presentations to special interest groups, an article in the City Newsletter and a televised open house/speaker series held at Fort Worden on July 20, 2005.
The City issued a SEPA threshold determination on July 27, 2005 and submitted an analysis of cumulative impacts to the Department of Ecology (DOE) in August 2005. The final Shoreline Master Program was submitted to DOE in March of 2006.
1.6 How the Shoreline Master Program is Used
A. A Planning and Regulatory Document
The Port Townsend Shoreline Management Master Program is a planning document that outlines goals and policies for the use, development, protection and restoration of shorelines of the City. It is also a regulatory ordinance with regulations for development intended to implement the goals and policies.
In order to preserve and enhance the shoreline of the City of Port Townsend it is important that all development proposals relating to the shoreline area be evaluated in terms of the City’s Shoreline Master Program, and that the City Shoreline Administrator be consulted. The Shoreline Master Program provides the regulatory parameters within which development may occur, or it states that the community considers a certain type of use, development or activity is unacceptable within the City’s Shoreline jurisdiction, or it states that a use or activity may be considered (if a conditional review is applied for), but that the community should be able to ensure that the development is carried out in such a way that the public’s interest in protecting the shoreline is retained.
B. When is a Permit Required?
The Port Townsend Shoreline Master Program addresses a broad range of uses and development that could be proposed within the shoreline area. This thoroughness is intended to ensure that the Port Townsend shoreline area is protected from activities and uses that, if unmonitored, could be developed inappropriately and could cause damage to the ecological system of the shoreline, or cause the degradation of the aesthetic values of the shoreline that Port Townsend enjoys. Some uses/development may be required to obtain a Substantial Development Permit, a Shoreline Conditional Use Permit, a Shoreline Variance, or a Letter of Exemption. ALL proposals must comply with the policies and regulations established by the state Shoreline Management Act as expressed through this local Shoreline Master Program adopted by the City of Port Townsend.
C. The Permit Process
The Shoreline Master Program regulates all “development.” It also further defines what is considered “substantial development.” In general, a shoreline Substantial Development Permit (SDP) is required to be obtained for development within the shoreline area. Some development may require a Shoreline Conditional Use Permit or a Shoreline Variance from the provisions of the Master Program. Review under the State Environmental Policy Act (SEPA) may also be required.
1. “Development,” as defined under the Shoreline Management Act of 1971 is:
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 of the state subject to Chapter 90.58 RCW at any state of water level (RCW 90.58.030(3d)).
This definition indicates that the “development” regulated by the Shoreline Management Act includes not only those activities that most people recognize as “development” (for example, improving a road surface, building a structure, etc.), but also those activities that citizens may do around their own home (for example, grading a hillside to enhance their personal view of the water). While the impact of these potential “developments” may seem inconsequential at first glance, they may have unwanted and damaging affects on the shoreline ecology, the property of others, and the shoreline aesthetics.
There are three types of shoreline permits: the Substantial Development Permit (SDP), the Shoreline Conditional Use Permit, and the Shoreline Variance permit. Projects that are within the definition of “development" that are not “substantial development” do not require a Substantial Development Permit (SDP); however they must still comply with all applicable regulations in the City’s Shoreline Master Program, and may be required to obtain a Letter of Exemption (Such developments may also be required to obtain a Shoreline Conditional Use Permit (CUP) or a Shoreline Variance from the Shoreline Master Program’s provisions prior to building permit issuance, see Section 2.4, Uses Not Constituting “Development” and Exemptions from Substantial Development Permit Requirements).
2. “Substantial development” is any “development” of which the total cost or fair market value exceeds five thousand dollars ($5,000), or any development that materially interferes with the normal public use of the water or shorelines of the state. Under the Shoreline Management Act, some types of development are exempt from the requirement to apply for and receive a Substantial Development Permit before beginning work.1 These exemptions are listed in Chapter 2 Scope, Jurisdictions, Exemptions. A project that is exempt from Substantial Development Permit requirements must still comply with all applicable regulations in this Master Program, and may be required to obtain a Letter of Exemption.
The Shoreline Administrator can help identify if a project is classified as a development or a substantial development, determine if a Substantial Development Permit is necessary or if a project is exempt from permit requirements, and identify which regulations in the SMP may apply to the proposed project. The Administrator can also provide information on the permit application process and how the SMP process relates to, and can coordinate with, the SEPA process.
A description of projects requiring a Letter of Exemption, and shoreline permit application procedures and criteria are discussed in more detail in Chapter 2 Scope, Jurisdiction, Exemptions.
Per RCW 90.58.030(3)(e), Definitions and concepts: Substantial development.