HomeMy WebLinkAboutPortTownsendfullSMP_0619(rev. 6/19)
City of Port Townsend
Shoreline Master Program
February 14, 2007
This project was funded in part by the Washington Department of Ecology.
Updated December 27, 2018
through Ordinance 3198
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(rev. 6/19)
TABLE OF CONTENTS
PORT TOWNSEND SHORELINE MASTER PROGRAM
1. Introduction
1.1 Requirements Of The Shoreline Management Act
1.2 Port Townsend Role In Implementing The Shoreline
Management Act
1.3 Purposes Of The Shoreline Master Program
1.4 Legislative Findings
1.5 The Port Townsend Shoreline Master Program
1.6 How The Shoreline Master Program Is Used
2. Scope, Jurisdiction, and Exemptions
2.1 Rule of Liberal Construction
2.2 Applicability
2.3 Port Townsend Shoreline Jurisdiction
2.4 Uses Not Constituting “Development” and Exemptions from
Substantial Development Permit Requirements
2.5 Relationship to Other Plans and Regulations
3. Inventory of Port Townsend Shoreline
3.1 Introduction
3.2 Study Area
3.3 Northern Shoreline
3.4 Eastern Shoreline
3.5 Southern Shoreline
3.6 Lake Shorelines
4. Master Program Elements: Goals & Policies for the Port Townsend
Shoreline Master Program
4.1 Introduction
4.2 Shoreline Use Element
4.3 Economic Development Element
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4.4 Circulation Element
4.5 Public Access Element
4.6 Recreational Element
4.7 Conservation Element
4.8 Restoration Element
4.9 Historic, Cultural, Scientific and Educational Element
5. Shoreline Environments
5.1 Introduction
5.2 Authority
5.3 Shoreline Environment Designations
5.4 Official Shoreline Environments Designation Map
5.5 Shorelines of Statewide Significance
5.6 Aquatic
5.7 Natural
5.8 Conservancy
5.9 Shoreline Residential
5.10 Urban
5.11 Historic Waterfront
5.12 Boat Haven Marine Trades
5.13 Point Hudson
6. Environmental Protection
6.1 Introduction
6.2 Organization
6.3 Impacts, Mitigation, Bonding and Monitoring
6.4 Environmental Elements
6.5 Critical Areas - General
6.6 Critical Saltwater Habitats
6.7 Frequently Flooded Areas and Tsunami Inundation Areas
6.8 Critical Geologically Hazardous Areas
6.9 Wetlands
7. Shoreline Public Access
7.1 Introduction
7.2 Background
7.3 Public Access Policies
7.4 Public Access Development Regulations
8. Specific Use Policies & Performance Standards
8.1 Introduction
8.2 Advertising and Signs
8.3 Agriculture
8.4 Aquaculture
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8.5 Boat Launches
8.6 Commercial Development
8.7 Industrial and Port Facilities
8.8 Marinas
8.9 Mining
8.10 Mooring Buoys
8.11 Parking Facilities
8.12 Recreational Facilities
8.13 Residential Development
8.14 Scientific, Cultural and Education Facilities
8.15 Transportation Facilities
8.16 Utilities
9. Specific Modification Policies & Performance Standards
9.1 Introduction -- Applicability
9.2 General Policies and Regulations
9.3 Alteration of Natural Landscape Clearing,
Grading and Vegetation Removal
9.4 Docks, Piers and Floats
9.5 Dredging and Dredge Spoil Disposal
9.6 Landfills
9.7 Shoreline Stabilization Measures and Flood Protection Works
10. Administration & Permit Procedures
10.1 Introduction
10.2 Procedures for Processing Shoreline Permits
10.3 Shoreline Exemptions
10.4 Minor Shoreline Substantial Development Permits (Type II)
10.5 Shoreline Substantial Development Permits (Type III)
10.6 Conditional Use Permits
10.7 Variances
10.8 Table of Permits and Procedures
10.9 Permit Application – Forms and Contents
10.10 Public Notice
10.11 Multiple Permits
10.12 SEPA review
10.13 Decisionmaker Approval Criteria
10.14 Administrative Authority and Responsibility
10.15 Appeals
10.16 Application Fees
10.17 Duration of Permits
10.18 Permit Revisions
11. Nonconforming Development (Nonconforming Uses,
Structures & Lots)
11.1 Nonconforming Development
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11.2 Nonconforming Uses
11.3 Nonconforming Structures
11.4 Nonconforming Lots
12. Enforcement and Penalties
12.1 Enforcement
12.2 Penalties
12.3 Violations – Subsequent Development and Building Permits
12.4 Public and Private Redress
12.5 Fees for Permits Obtained After Development
13. Master Program – Review, Amendments and Adoption
13.1 Master Program Review
13.2 Amendments to Master Program
13.3 Severability
13.4 Effective Date
14. Shoreline Restoration
14.1 Restoration Introduction
14.2 Restoration Planning Requirements
14.3 What is Restoration?
14.4 Restoration Approach
14.5 Restoration Vision Statement
14.6 Restoration Goals, Priorities and Objectives
14.7 Restoration Opportunities
14.8 Existing and Ongoing Programs
14.9 Strategies
14.10 Project Evaluation
14.11 Monitoring and Adaptive Management
14.12 Uncertainty
14.13 Potential Funding Sources
14.14 Restoration Glossary
14.15 Resource Links and References
15. Definitions
15.1 General Information
15.2 Definitions: A to B
15.3 Definitions: C to F
15.4 Definitions: G to O
15.5 Definitions: P to R
15.6 Definitions: S to T
15.7 Definitions: U to Z
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List of Tables
Table 2.5-1 Other Commonly Applicable Regulations/Permits
Table 5.12-1. Boat Haven Marina and Marine Trades District: Permitted,
Conditional and Prohibited Uses and Developments
Table 5.13-1 Point Hudson Subdistricts: Permitted Conditional and
Prohibited Uses and Developments
Table 5 Shoreline Permitted, Conditional and Prohibited Uses and
Developments
Table 10.8-1 Table of Permits and Procedures
Table 14.6-1: Restoration Goals and Objectives
Table 14.7-1: Restoration Opportunities
Table 14.13-1: Funding Opportunities
List of Appendices
A. Official Shoreline Environment Designations
B. View Corridors
C. Special Height Overlay (Chapter 17.28 PTMC)
D. Point Hudson Station Buildings
E. Critical Areas Ordinance (No. 3198, May 21, 2018)
F. Critical Saltwater Habitats
G. Public Access Enhancement Projects
H. Permit Data Sheet (WAC 173-27-990, Appendix A)
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Under Separate Cover:
City of Port Townsend Shoreline Atlas (2002)
City of Port Townsend Final Report - Characterization of Functions
and Ecosystem-Wide Processes, GeoEngineers Inc.
(November 23, 2004)
City of Port Townsend Landscape Analysis, City of Port Townsend,
GeoEngineers, Inc. (July 26, 2004)
Shoreline Inventory City of Port Townsend Shoreline Inventory,
Barbara Nightingale (2002)
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Page 1
Chapter 1 - Introduction
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
1.4 Legislative Findings
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 reasonble 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
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Chapter 1 - Introduction
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).
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Chapter 1 - Introduction
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
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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 approriate 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 SMP’s 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.
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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 socializating, 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.
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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.
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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:
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“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 continous 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 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
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Chapter 1 - Introduction
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
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Chapter 1 - Introduction
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
ShorelineVariance 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
ShorelineVariance 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.
1 Per RCW 90.58.030(3)(e), Definitions and concepts: Substantial development.
Chapter 2
Scope, Jurisdiction, and Exemptions
SECTIONS:
2.1 Rule of Liberal Construction
2.2 Applicability
2.3 Port Townsend Shoreline Jurisdiction
2.4 Uses Not Constituting “Development” and
Exemptions from Substantial Development Permit Requirements
2.5 Relationship to Other Plans and Regulations
2.1 Rule of Liberal Construction
As Provided Under RCW 90.58.900, the Shoreline Management Act is
exempted from the rule of strict construction; the Act and this Master
Program shall, therefore, be liberally construed to give full effect to the
purposes, goals, policies, and standards for which the Act and this Master
Program were enacted. On the other hand, exemptions from the Act or
Master Program are to be narrowly construed.
2.2 Applicability
A. All proposed uses and development occurring within shoreline
jurisdiction must conform to the Shoreline Management Act (SMA)
and this Master Program. All uses, even those not meeting the
definition of development, are subject to the provisions and
development regulations of this SMP, even though a permit may not
be required.
B. Any person wishing to undertake activities constituting
“development” within shoreline jurisdictions shall apply to the
Shoreline Administrator for a Shoreline Permit. Based on the
provisions of this Master Program, the Shoreline Administrator shall
determine if a Letter of Exemption, a Substantial Development
Permit, a Shoreline Conditional Use Permit, and/or a Shoreline
Variance is required. Substantial development shall not be
undertaken within the jurisdiction of the Act and this Master Program
UNLESS a Substantial Development Permit has been obtained and
the appeal period has been completed and any appeals have been
resolved and/or the project proponent is allowed to proceed under the
provisions of the Shoreline Management Act or by court order.
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Chapter 2 - Scope Page 1
"Substantial development" shall be defined as it is by the Act
(§90.58.030 RCW) and supplementing provisions of the Washington
Administrative Code (§173-27-040 WAC). Procedures and processes
for Substantial Development Permits can be found in Chapter 9,
Conditional Use Permits – Chapter 10, and Variances – Chapter 11.
C. Developments exempt from a Substantial Development Permit, which
are outlined in Section 2.4 D, shall require a Letter of Exemption. A
project that qualifies as “exempt development” may also require a
Shoreline Conditional Use Permit, and/or a Shoreline Variance from
Master Program provisions.
1. Exempt developments shall not be undertaken within the
jurisdiction of the Act and this Master Program UNLESS a
Letter of Exemption has been obtained documenting that the
development is consistent with the policies and procedures of
the Act, all applicable state regulations and this Master
Program.
2. The request for the Letter of Exemption shall be in writing, on
forms required by the Shoreline Administrator, and include the
information required by the Shoreline Administrator.
D. This Master Program shall apply to every individual, firm,
partnership, association, organization, corporation, local or state
governmental agency, public or municipal corporation, or other non-
federal entity which develops, owns, leases or administers lands,
wetlands or waters that fall under the jurisdiction of the Act, EXCEPT
for the right of any person established by treaty to which the United
States is a party.
E. The “policies” in this Master Program provide broad guidance and
direction and will be used by the City in applying the “regulations.”
F. Applicability of this Master Program to federal lands and agencies
shall be consistent with WAC 173-27-060 as currently exists or is
hereinafter amended.
Final – 2-14-07
G. Applicability to uses not requiring development - The City intends to
regulate development within the shoreline jurisdiction under its
general police power authority to regulate for the general health,
safety, and welfare and its specific authority under the SMA. All uses
within the shorelines jurisdiction must be consistent with the policies
and regulations of the Port Townsend Shoreline Master Program
whether or not they require development. Furthermore, Shoreline
Conditional Use and/or Shoreline Variance permits may still be
required of development that is not substantial development. An
exemption from the Substantial Development Permit requirements
does not constitute an exemption from the policies and use regulations
Chapter 2 - Scope Page 2
of the Shoreline Management Act, the provisions of this Master
Program, and other applicable city, state, or federal permit
requirements.
WAC 173-27-140(1): “No authorization to undertake use or
development on shorelines of the state shall be granted by local
government unless upon review the use or development is
determined to be consistent with the policy and provisions of the
Shoreline Management Act and the Master Program.” (Bold
emphasis added.)
2.3 Port Townsend Shoreline Jurisdiction
A. This Master Program shall apply to all the lands and waters in the
City of Port Townsend that fall under the jurisdiction of the Shoreline
Management Act. Shorelines within Port Townsend include the Strait
of Juan de Fuca, Admiralty Inlet, Port Townsend Bay, Chinese
Gardens, and Kah Tai lagoon together with the lands underlying them
and all lands extending landward 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark
together with any associated wetlands.
B. There is hereby made a part of this Master Program a map, Appendix
A, illustrating the shoreline designations and the approximate location
of the upland extent of the shoreline jurisdiction in Port Townsend.
The area of shoreline jurisdiction extends waterward to the Port
Townsend City Limits. The actual landward extent of shoreline
jurisdiction will be determined on a case-by-case basis.
C. Given that the Shoreline Designation Map is an integral part of this
Master Program, no part of the map may be altered or revised unless a
Master Program amendment has been approved by the City Council
and the Washington State Department of Ecology (RCW 90.58.090).
D. Associated wetlands that are included in the shoreline jurisdiction are
those that influence or are influenced by the regulated waters
including the Puget Sound, Kah Tai Lagoon and Chinese Gardens. In
general, a wetland is “associated” if all or a portion of the wetland
falls within that area that is 200 feet from the ordinary high water
mark. A wetland outside of this area may also be associated if it is in
proximity to the shoreline and there is a demonstrated influence
between the wetland and the shoreline. Such influence can include
hydraulic continuity, such as a surface or groundwater connection.
E. Application to projects only partially located within shoreline
jurisdiction - For projects lying partially within shoreline
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Chapter 2 - Scope Page 3
jurisdiction, the shoreline permit must incorporate consideration of
the entire integrated project and a determination of consistency with
the policies of the Shoreline Management Act and this Master
Program must be made and uses must be found compatible with
shoreline uses within the applicable designation. However, only the
portion within the shoreline jurisdiction must meet the regulations and
standards (e.g., height limit, lot coverage, etc.) of this Master
Program.
2.4 Exemptions from Substantial Development Permit
A. General. All applications for exemptions shall be made on a form
provided by the Shoreline Administrator and accompanying material
as required by Chapter 20.01 PTMC. All exemptions shall be
construed narrowly. An exemption from the substantial development
process is not an exemption from compliance with the SMA or this
Master Program, nor from any other regulatory requirements. To be
authorized, all uses and developments must be consistent with the
policies and provisions of the SMA and of this Master Program. The
Shoreline Administrator may attach conditions to the approval of
exempted developments and/or uses as necessary to assure
consistency of the project with the Shoreline Management Act and
this Master Program. A Letter of Exemption shall expire one year
after the date of issuance unless otherwise specified in the Letter of
Exemption.
B. Whenever a development falls within the exemption criteria listed in
2.4.D. below and is subject to a U.S. Army Corps of Engineers
Section 10 or Section 404 Permit, the Shoreline Administrator shall
prepare a Letter of Exemption and send a copy of this statement to the
Washington Department of Ecology.
C. Incremental exemptions – Exemptions shall not be issued for a series
of inter-dependent activities that in sum would require a permit (i.e., a
project cannot be submitted in a piece-meal fashion to avoid the
requirement for a substantial development permit).
D. Exemptions from Substantial Development Permit – The following
shall not be considered substantial development for the purpose of
this Master Program.
1. Any development of which the total cost or fair market value,
whichever is higher, does not exceed five thousand ($5,000)
dollars, if such development does not materially interfere with
the normal public use of the water or shorelines of the state.
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Chapter 2 - Scope Page 4
For purposes of determining whether or not a Substantial
Development Permit is required, the total cost or fair market
value shall be based on the value of development that is
occurring on shorelines of the state. The total cost or fair
market value of the development shall include the fair market
value of any donated, contributed or found labor, equipment or
materials;
2. Normal maintenance or repair of existing structures or
developments, including damage by accident, fire, or elements.
"Normal maintenance" includes those usual acts to prevent a
decline, lapse, or cessation from a lawfully established
condition. "Normal repair" means to restore a development to
a state comparable to its original condition within one year
after decay or partial destruction except where repair causes
substantial adverse effects to the shoreline resource or
environment. Replacement of a structure or development may
be authorized as repair where such replacement is the common
method of repair for the type of structure or development and
the replacement structure or development is comparable to the
original structure or development including but not limited to
its size, shape, configuration, location and external appearance
and the replacement does not cause substantial adverse effects
to shoreline resources or environment;
3. Construction of a soft-bank revetment, bioengineered, or beach
nourishment erosion control projects associated with a single-
family residence when the project has been approved by the
Department of Fish and Wildlife. Construction of a "normal
protective bulkhead" or “rip-rap” at or near the ordinary high
water mark to protect a single-family residence shall require a
Shoreline Conditional Use Permit and must demonstrate that
the proposed protective bulkhead or rip-rap is the most natural
protective system that is feasible on the site. Such
improvements must be for protecting land from erosion, not for
the purpose of creating dry land;
4. Emergency construction necessary to protect property from
damage by the elements. An "emergency" is an unanticipated
and imminent threat to public health, safety, or the
environment, which requires immediate action within a time
too short to allow full compliance with the Act or this Master
Program. Emergency construction does not include
development of new permanent protective structures where
none previously existed. Where new protective structures are
deemed by the Shoreline Administrator to be the appropriate
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Chapter 2 - Scope Page 5
means to address the emergency situation, upon abatement of
the emergency situation the new structure shall be removed or
any permit which would have been required, absent an
emergency, obtained. As a general matter, potential flooding
or other seasonal events that can be anticipated and may occur
but that are not imminent are not an emergency. A written
statement from a qualified professional may be required to
verify that an emergency exists;
5. Construction or modification, by or under the authority of the
Coast Guard or a designated port management authority, of
navigational aids such as channel markers or “no anchor zone”
buoys;
6. Construction by an owner, lessee, or contract purchaser of a
single family residence for such person’s own use or for the
use of his or her family, which residence does not have a
building height that exceeds thirty (30) feet and meets all
requirements of the state agency or local government having
jurisdiction thereof;
7. Operation, maintenance, or construction of canals, waterways,
drains, reservoirs, or other facilities that now exist or are
hereafter created or developed as part of an irrigation system
for the primary purpose of making use of system waters,
including return flow and artificially stored ground water for
the irrigation of lands;
8. The marking of property lines or corners on private or
government owned lands, when such marking does not
significantly interfere with the normal public use of the surface
waters;
9. Operation and maintenance of any system of dikes, ditches,
drains, or other facilities existing on and in use since
September 8, 1975, which were created, developed or utilized
primarily as part of an agricultural drainage or diking system;
10. Any project with certification from the governor pursuant to
Chapter 80.50 RCW in regards to energy facilities to meet state
demands;
11. Watershed restoration projects as defined in WAC 173-27-040.
Local government shall review the projects for consistency
with the Shoreline Master Program in an expeditious manner
and shall issue its decision along with any conditions within
forty-five (45) days of receiving all materials necessary to
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Chapter 2 - Scope Page 6
review the request for exemption from the applicant. No fee
may be charged for accepting and processing requests for
exemption for watershed restoration;
12. Site exploration and investigation activities that are
prerequisite to preparation of an application for development
authorization under this chapter, if:
a. The activity does not interfere with the normal public
use of the surface waters;
b. The activity will have no significant adverse impact on
the environment including but not limited to fish,
wildlife, fish or wildlife habitat, water quality, and
aesthetic values;
c. The activity does not involve the installation of any
structure, and upon completion of the activity, the
vegetation and land configuration of the site are
restored to conditions existing before the activity; and,
d. At the discretion of the Shoreline Administrator, a
bond may be required to the local jurisdiction to ensure
that the site will be restored to preexisting conditions.
13. A public or private project, the primary purpose of which is to
improve fish or wildlife habitat or fish passage, when all of the
following apply:
a. The project has been approved in writing by the
Department of Fish and Wildlife as necessary for the
improvement of the habitat or passage and
appropriately designed and sited to accomplish the
intended purpose;
b. The project has received hydraulic project approval by
the Department of Fish and Wildlife pursuant to
Chapter 77.55 RCW; and
c. The Shoreline Administrator has determined that the
project is consistent with this Master Program.
E. Before issuing a shoreline Letter of Exemption, the Shoreline
Administrator shall review the Master Program to determine if the
proposed development requires a Shoreline Conditional Use Permit
and/or a Variance. It may be necessary for the Shoreline
Administrator to conduct a site inspection to ensure that the proposed
development meets the exemption criteria. Application information
shall include those items listed in Chapter 10, Section 10.9 for
Substantial Development Permits unless otherwise waived.
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Chapter 2 - Scope Page 7
2.5 Relationship to Other Plans and Regulations.
A. In addition to compliance with the provisions of the Shoreline
Management Act of 1971 and the state Shoreline Guidelines, the Port
Townsend Shoreline Master Program must be consistent with local
plans and policy documents, specifically, the Port Townsend
Comprehensive Plan and the City's critical areas regulations. The
Master Program must be consistent with the regulations developed by
the City to implement its plans, such as the zoning code and
subdivision code, as well as regulations relating to building
construction and safety.
B. Uses, developments and activities regulated by this Master Program
may also be subject to the provisions of the City of Port Townsend
Comprehensive Plan, the Washington State Environmental Policy Act
(“SEPA”, Chapter 43.21C RCW and Chapter 197-11 WAC), the City
of Port Townsend Municipal Code, and various other provisions of
local, state and federal law, as may be amended. Project proponents
shall comply with all applicable laws prior to commencing any use,
development or activity.
In the event a conflict occurs between the provisions of this Master
Program and the laws, regulations, codes or rules of any other
authority having jurisdiction within the City, the regulations that
provide more protection to the shoreline area shall apply, EXCEPT
when constrained by federal or state law, or where specifically
provided otherwise in this Master Program.
C. An applicant applying for a permit with the City is required to be in
compliance with all other local, county, state, regional, or federal
statutes or regulations, which may also be applicable to such
development or use. Examples of activities that may require permits,
review, or approval from other agencies are listed in the following
table.
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Chapter 2 - Scope Page 8
Table 2.5 – 1 Other Commonly Applicable Regulations/Permits
Agency Authority/Jurisdiction Types of Activity Requiring Permit Permit
Federal Emergency
Management Agency
(FEMA)
CFR 44, Part 60
This Ordinance applies to the areas
designated as flood zones on FEMA’s
Federal Insurance Rate Map.
All construction within and uses of the
floodplain must meet the standards
established in the Port Townsend
Municipal Code, section 19.05.090.
Review for compliance with
FEMA guidelines is
conducted through
enforcement of the Port
Townsend Frequently
Flooded Areas.
Sect. 404 of Clean Waters Act
Jurisdiction extends to Ordinary High
Water Mark of all waters of the US
and includes all adjacent wetlands
Discharge of dredged materials, fills,
grading, ditch sidecasting, groins,
breakwaters, road fills, beach
nourishment, riprap, jetties, etc.
Section 404 Permit
(some limited activities are
covered by nationwide
general permits)
Washington
Department of Agriculture
Varies Use of pesticides by any means other
than hand pumped device - varied restrictions apply depending on the
ownership of the property receiving the
pesticide, the type of pesticide, etc.
Varies
Washington State
Department of Fish
and Wildlife
(DFW)
RCW 75.20.100-160.
All fresh or salt water in the state
Work, construction, development, or
other activities that will change the
natural flow or bed of any fresh or salt
water in the state.
Hydraulic Project Approval
(HPA)
Washington State
Department of
Natural Resources
(DNR)
RCW 79.90.
Navigable water bodies, including
certain lakes, rivers, and streams.
These waters are owned by the State
of Washington.
Construction, filling, dredging, drilling,
mining, road construction, utility installation, etc., within the beds or
shorelines of these waters.
Aquatic Lands Lease and/or
Authorization.
RCW 76.09.
Water bodies near forest activities
Forest activities relating to growing,
harvesting or processing timber, road
construction and maintenance, brush clearing, slash disposal.
Forest Practice Approval
Washington State
Department of
Ecology
(DOE)
Section 401, Clean Water Act Any activity that might result in a
discharge of dredge or fill material into
water or wetlands, or excavation in water
or wetlands that requires a federal permit
(e.g. maintenance dredging).
Water Quality Certification
RCW 90 (various chapters) Withdrawal of surface or ground water. Water Use Permit;
Certificate of Water Right
RCW 43.21C
Determined by the scope of the
project. See also: City of Port
Townsend, SEPA.
SEPA is a process that provides a way to
analyze and address the environmental impacts of a project and is geared to
mesh with already existing permits,
approvals, and/or licenses.
State Environmental Policy
Act (SEPA) Review
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Chapter 2 - Scope Page 9
Permit Agency Authority/Jurisdiction Types of Activity Requiring Permit
Water Pollution Control Act (RCW
90.48)
Act prohibits discharges of polluting
matter to any waters of the state, including wetlands. A permit is required
for any project potentially impacting state
waters.
Various permits, including
NPDES, Municipal Wastewater, and Septic
permits.
City of Port
Townsend
Development within the shoreline
jurisdiction of Port Townsend.
Shoreline Substantial
Development Permit
Shoreline Conditional Use
Permit
Port Townsend Shoreline Master
Program - SMP jurisdiction is listed in
Chapter 1 of this document.
Shoreline Variance
Port Townsend Municipal Code,
Chapter 16.04
Development over 200 Square feet. See
Uniform Building Code
Building Permit
Port Townsend Municipal Code,
Chapter 19.05 Environmentally
Sensitive Areas (ESAs) is the adopted
code intended to carry out FEMA
requirements within the 100-year
floodplain
All development activity, including
buildings, mining, filling, dredging,
grading, paving, excavations, drilling
operations, and storage of equipment or
materials.
For frequently flooded areas,
the review for compliance
with this ordinance is
conducted as a part of the
development review and
building permit process.
Title17, Zoning Code Zoning Variance
Development within the City of Port
Townsend Zoning Conditional Use
Zone Change
Chapter 19.05 Environmentally
Sensitive Areas
Development in a Sensitive Area
(Wetlands, Wildlife Habitat Areas,
Aquifer Recharge Areas, Flood Hazard
Areas, Geologic Hazard Areas, etc.)
Sensitive Areas Permit
Port Townsend Municipal Code,
Chapter 19.04 contains the Port
Townsend State Environmental Policy
Act (SEPA) Policies
(This is the local ordinance intended
to carry out the state SEPA
requirements.)
All activity meeting the threshold
identified in RCW 43.21C and WAC
Chapter 197-11.
State Environmental Policy
Act (SEPA) Review
Port Townsend Municipal Code,
Chapter 13.32 Stormwater
Management
Fill or grading over 50 cubic yards of
material.
Fill or grading of under 50 cubic yards if
heavy equipment is used.
Temporary Sedimentation
and Erosion Control Permit
And/or Clearing & Grading
Permit
U.S. Army Corp of
Engineers
Section 10 of the Rivers & Harbors
Act of 1899
Section 404 of the Clean Water Act
Dredge or fill materials discharged into
waters of the United States
Section 10
404 Permit
U.S. Coast Guard Section 9 Bridge Permit Construction of any bridge across
navigable waters of the United States
Section 9
At the time of an initial inquiry or when a permit application is submitted,
the Shoreline Administrator should inform an applicant of those
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Chapter 2 - Scope Page 10
regulations and statutes that may be also applicable to the proposed project
to the best of the Administrator's knowledge, PROVIDED, that the final
responsibility for determining the applicability and complying with such
other statutes and regulations shall rest with the applicant.
Other activities that could occur along the shoreline (starting bonfires,
disposing or spilling/releasing of regulated or hazardous waste products,
use of pesticides, activities within wetlands) may require other permits,
review, or approval not identified here.
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Chapter 2 - Scope Page 11
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Page 1
Chapter 3 – Summary of Inventory and Characterization
Chapter 3
Summary of Inventory and
Characterization
SECTIONS:
3.1 Introduction
3.2 Study Area
3.3 Northern Shoreline
3.4 Eastern Shoreline
3.5 Southern Shoreline
3.6 Lake Shorelines
3.1 Introduction
In order to develop the goals, policies, and regulations of this Shoreline Master
Program several supplemental documents have been completed to describe the
current conditions of the Port Townsend Shoreline. These documents provide a
comprehensive analysis that evaluates the components that make up the
ecological health of the shoreline jurisdiction and identify areas with potential for
conservation and restoration of ecological functions. This chapter summarizes
the findings of these documents. These documents include:
a. Shoreline Inventory Summary Report 2002
b. Characterization of Functions and Ecosystem-wide Processes
2004
c. Port Townsend Shoreline Atlas
d. Salmon and Steelhead Habitat Limiting Factors for Water
Resource Inventory Area 17, the Quilcene-snow Basin 2002
3.2 Study Area
The City of Port Townsend lies on the northern tip of the Quimper Peninsula on
the northeastern corner of the Olympic Peninsula. The city is bordered on three
sides by marine beaches, referred to in this document as the Northern, Eastern,
and Southern shorelines. Although these three shoreline are connected through
climate, oceanographic features, littoral drift, and animal habitat utilization, they
are distinct from one another in ecologically important ways such as: wave
energy, substrate type, and degree of human shoreline alterations. City shorelines
include priority habitats supporting a variety of priority marine fishes, birds,
plants and invertebrates. Many of these species are listed under state and/or
federal law as priority species, sensitive species, species of concern, candidate or
listed species under the Federal Endangered Species Act.
The City also contains two “Lake Shorelines,” Kah Tai Lagoon and Chinese
Gardens. Following is a description of each shoreline: the Northern, Eastern,
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Chapter 3 – Summary of Inventory and Characterization
Southern, and Lake Shorelines, including existing land use, public access, and
impairments. The shorelines are further divided into sub-segments based upon
the geomorphology.
3.3 Northern Shoreline
The Northern Shoreline runs along the Strait of Juan de Fuca between Elmira
Street and the eastern tip of Point Wilson. Of the three shorelines, this shoreline
is the most highly exposed to wind waves. The rocky intertidal substrates support
surfgrass, priority canopy-forming kelp habitats and priority bird habitats
associated with the bluffs and the proximity to Protection Island. The Northern
Shoreline is composed of three sections. The three-mile long stretch includes: the
West Bluffs, the Low Bank/Chinese Gardens Trough, and the Fort Worden
Bluffs/Point Wilson Spit. Figure 36 of the Shoreline Inventory shows the sub-
segments of the northern shoreline.
A. West Bluffs
This shoreline is 7000 feet long. The drift cell along this sub-segment carries
sediments from these West Bluffs east to Point Wilson Spit. Armoring occurs in
a few isolated instances. These steep bluffs, with heights up to 300 feet, are still
eroding and contributing large amounts of sediments and woody debris to
adjacent beaches.
Land Use
1. Land use along this sub-segment is residential and agricultural. Historically,
there were likely forests to the edge of the entire bluff edge.
2. Presently historical forest areas have been cleared for housing developments
between Fort Worden and the western edge of Seaview Estates.
Public Access
1. Although there is view access at Elmira Park, there is no public access
directly to this shoreline segment due to private ownership of bluff areas and
the steep nature of these bluffs.
2. Public view access is only provided atop the steep bluffs at Elmira Park.
3. The tidelands from Elmira Street to Cook Avenue and from Hendricks
Street to Hill Street are state-owned from the government meander line or
Mean High Tide to Extreme Low Tide (WDNR 1989).
Impairments
1. 6% of this shoreline is armored with isolated instances of riprap,
bulkheading and stairways.
2. Approximately 70% of the length of the bluff top has been denuded to allow
for agricultural and residential uses.
B. Low Bank/Chinese Gardens Trough
This sub-segment, consisting of approximately 2100 feet of low bank backshore,
lies within the northern shoreline drift cell. The net sediment movement is
easterly carrying sediment from eroding feeder bluffs at McCurdy Point to the
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Chapter 3 – Summary of Inventory and Characterization
Point Wilson Spit. The bluffs to the west, including the above-described West
Bluffs, are important sediment sources for this sub-segment. The low bank nature
of this sub-segment precludes its significant sediment contribution to down-drift
beaches (Shipman 2002).
Land-Use
Approximately 80% of the backshore area of this shoreline is residential, 10 % is
Jefferson County Park lands and the 10 % is Fort Worden State Park land.
Public Access
1. Informal public access is located at the end of Gise Street, where a rock
stairway provides beach access.
2. Public access is also located at the North Beach County Park from
where the public can easily access the beach from the parking lot, which
is only one to two feet above sea level. From either of these access
points, the public can continue walking along the shoreline beyond city
limits in the westerly direction or walk along Fort Worden property to
Point Wilson.
Impairments
1. This area appears to have been 90% denuded over the past 100 years.
However, no significant additional denudation appears to have occurred
over the last 50 years. Cumulative effects of individual occurrences are an
ongoing risk.
2. The City of Port Townsend sewage outfall is located 900 feet offshore from
the Fort Worden State Park portion of this shoreline. This is monitored on a
monthly basis, as part of a statewide Marine Water Column Ambient
Monitoring Program. Sampling at this site has shown no loading of nitrates,
ammonium or fecal coliform. Although low dissolved oxygen results have
occurred at this site, such results are understood to reflect the upwelling of
naturally low-oxygenated Pacific Ocean water. This is a very physically
dynamic environment due to the close proximity to the shallow sill of
Admiralty Inlet and exposure to strong currents and high seasonal winds that
create turbulence and a well-mixed water column. At this site, the light
transmission during most of the year is in the upper 80%. This is an
indicator of healthy conditions, low turbidity, lack of suspended sediments
and increased availability of light for plant photosynthesis.
3. This shoreline sub-segment is hardened by riprap for well over 50% of its
length. However, the riprap is varied in height and upkeep. Approximately
20% of the riprap is single boulder height averaging 2 feet each and is in a
derelict state. This derelict state still allows some movement of sediments
and organic materials between the backshore and the intertidal. The
remaining is armored as high as 7 feet with little to no interaction between
backshore sediments and the intertidal beach.
4. Shoreline armoring poses the risk of interfering with public access when
hardened shorelines cause beach erosion. This erosion can eventually cause
the shoreline structure to intrude into the intertidal over time, limiting public
access to areas on the other side of the structure.
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Chapter 3 – Summary of Inventory and Characterization
5. Multiple stairs to the beach, a fence and 2 stormwater outfalls are found in
the upper intertidal area.
C. Fort Worden Bluffs/Point Wilson Spit
The Fort Worden Bluff portion of this sub-segment is characterized by over
4200 feet of high banks and steep bluffs over 200 feet in height. These bluffs
provide sediments for adjacent beaches and the Point Wilson Spit (WDNR
2001, Keuler 1988). The forests above the Fort Worden Bluffs are largely
intact with forests along the entire bluff top contributing woody debris to the
beach system. The Point Wilson spit is over 2400 feet of low bank backshore
and accretionary spit receiving sediments from the bluffs to the west. The
Fort Worden Bluffs and the West Bluffs are the major sources of sediments.
Some of this sand is transported around the Point by wave refraction and the
rest is lost offshore. The combined result, despite the existence of high feeder
bluffs to the west, is a sediment deficit at Point Wilson (Schwartz 1994). A
series of photos from 1976 to 1990 show a continuous riprap from in front of
Battery Kinzie to the lighthouse, intermittent riprap in 1985, and riprap only
at Battery Kinzie and the lighthouse in 1990. Presently, the shoreline around
the tip of Point Wilson and seaward of the Battery Kinzie are armored by
riprap and large concrete blocks. In addition to riprap, a series of three sills,
composed of a series of boulders, were placed perpendicular to the shoreline
to retard erosion between the Battery Kinzie and the lighthouse in 1989. An
extreme series of northerly storms in 1990 lowered the beach profile and cut
a scarp into the backshore despite the three sills. Based on beach profile
measurements taken in 1994, erosion appears to have lowered the profile of
the beach between 1990 and 1994. Park personnel estimate the beach to be
eroding at a rate of 4 feet per year.
Land Uses
1. This entire sub-segment is Washington State Park lands.
2. The Point Wilson Spit also houses a U.S. Coast Guard lighthouse and
dwelling, two parking lots, a road that loops around for public access to a
parking lot on the northern side and a road for public access to a
campground located on the western end of the spit.
Public Access
1. Fort Worden State Park historic military site offers long sandy beaches with
upland lodging, conference centers, camping, day-use, theater, science
center and boat ramp.
2. A public campground with 50 full-hookup sites on the spit area between the
bluffs and the beaches of Point Wilson.
3. Public access to Point Wilson Spit is provided by three trails.
4. The beach along the northern shoreline is used predominately for
beachcombing, walking, education and sightseeing.
5. Access to the northern shorelines is available from a day-use parking lot,
over riprap and from the campground over the dunes.
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Impairments
1. 20 % of this shoreline has been armored, changing the natural portions of
the spit backshore from one of sand, pebbles and cobble to large riprap and
concrete blocks.
2. Shoreline armoring has likely interfered with the natural migration of the
spit to the south.
3. Armoring may have reduced high berm and upper intertidal area for forage
fish spawning.
4. Armoring and the lighthouse structure limit public access to the point.
5. Continued erosion threatens the existence of parking lot and existing Coast
Guard buildings.
6. Remaining sill structures potentially impede public access.
3.4 Eastern Shoreline
The Eastern Shoreline runs along Admiralty Inlet between Point Wilson and
Point Hudson. Residential and recreational land uses dominate the Eastern
Shoreline. It is a semi-protected shoreline with reduced wind wave energy.
These shorelines provide fine substrates that support rich abundances of eelgrass
meadows that in turn support priority and ESA-listed fish species and priority
bird habitats. The Eastern Shoreline is made up of four segments across a two-
mile stretch: Point Wilson Spit, Low Bluffs, High Bluffs, and Low Bank Beach
to Point Hudson (Figure 44 of the Shoreline Inventory).
A. Point Wilson Spit
Point Wilson Spit is approximately 3500 feet long. It is a broad, low bank sandy-
spit with natural sandy beaches along this eastern shoreline. The spit is located
within Fort Worden State Park and supports a Coast Guard Lighthouse that is
armored with a combination of concrete blocks, riprap and pilings that have been
added over time to defend the Point from erosion.
B. Land Use and Public Access
Point Wilson, within the Fort Worden State Park, is used predominately for
recreation. The exception is the lighthouse area, presently used for navigational
purposes by the U.S. Coast Guard. However, with changes in navigational
technology, this use is expected to change to recreational. The spit is used both
for active and passive recreational purposes with visitors from around the
nation and the world enjoying fishing, diving, boating, viewing, walking,
beach-combing, camping, picnicking, and educational group activities along the
southern beach of the spit. The public has access to this entire shoreline
segment. It is used for diving, boating, beachcombing, clamming, fishing and
educational activities sponsored by the Port Townsend Marine Science Center.
An underwater dive park is located offshore from this segment. This beach is a
popular beach used year-round by families, individuals and organizations.
Backshore, picnic tables and shelters, restrooms and public trails enhance
public access and use of this beach segment.
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Chapter 3 – Summary of Inventory and Characterization
Impairments
1. Less than 1% of this beach has been armored. Armoring occurs only at the
tip of Point Wilson where riprap and pilings armor the tip to protect the
lighthouse.
2. The major extent of this beach has very little modification. The low-bank
sub-segment with the boat basin, ramp, and associated bulkheads blocks
sediment transport to this beach on the southern side of Point Wilson.
However, sediments are apparently transported from the north around the
spit and deposited onto the beach, as the beach does not show significant
erosion loss.
C. Low Bluffs
This sub-segment extends for approximately 1500 feet. It includes the Fort
Worden Boat Basin and extends to the edge of the High Bluffs along Morgan
Hill. Just over 10% of this shoreline has been armored. These Low Bluffs are
vegetated by a variety of trees and shrubs and are located upland of a broad sand
and gravel backshore with dunegrass. These moderately high bluffs are not
feeding sediments to the beach or littoral transport system. The beach is sandy
with dunegrass found upshore and eelgrass beds in the subtidal areas. The net
sediment drift cell direction is northeast from Point Hudson to Point Wilson. This
beach area continues to receive sediments from Point Hudson. However, the
south boat basin bulkhead breaks sediment drift at the edge of this sub-segment
and sediment accumulates on the south side of the boat basin. A paved public
road runs along the bluff-top parallel to the beach. This road provides vehicle
access to Point Wilson Spit, the beach campground and public facilities.
Land Use and Public Access
1. Located within the boundaries of Fort Worden State Park, this area is
extensively used by the public for walking, beachcombing, boating, diving
and other recreational and educational events.
2. The boat basin within this segment provides a public launching ramp
composed of a 33-foot concrete boat ramp and an associated seasonally
available 70-foot floating dock. It also hosts the Port Townsend Marine
Science Center, a marine science public education facility that includes a
marine laboratory and aquarium that is open to the public.
3. The marina includes a 70-foot float for both the science center and public
overnight moorage. This float is also located in the boat basin and is
attached to the main dock.
4. The basin is enclosed by bulkheads on both the east and west sides.
5. A 132-foot bulkhead is located along the north side of the boat ramp. This
protects the basin from wind waves and swells from the east.
6. On the south side of the main dock, a bulkhead consisting of a series of 264
pilings prevents sediments from entering the basin from the southwest and
west.
7. Several anchor buoys are located offshore for overnight moorage. The State
Parks maintains these buoys and charges the public a fee for buoy tie-up.
8. South of the boat basin, a 127-foot stairway provides public access from the
paved road at the bluff top. The stairway includes viewing decks area with
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Chapter 3 – Summary of Inventory and Characterization
interpretive signage depicting the natural physical processes along that
shoreline.
Impairments
1. Approximately 10% of this shoreline is modified. Bulkheads on both sides
of the boat basin interfere with the sediment transport process in the net
eastward direction and likely decrease the abundance of sediments deposited
to the beach on the south side of the Point Wilson Spit.
2. In 1996, it was reported that at least 3500 cubic yards of excess sand were
trapped in the basin with larger quantities prograded from the south
breakwater updrift to the wooden access stairway.
D. High Bluffs
This segment begins at the southern Fort Worden boundary and continues for
approximately 4300 feet to Chetzemoka Park. These are steep high bluffs of
around 100 feet in height. There exists potential for large landslides and future
hazards. These bluffs contribute significant sediment loads to the littoral drift
system (Shipman 2002).
Land Use
1. For the most part, this entire stretch is developed for residential use with
houses at the top of the high bluffs.
2. The shoreline is only used for passive recreation, such as walking and
beach-combing.
Public Access
The bluffs are too steep to allow stairway access. Public access to these beaches
is only through Fort Worden State Park beaches, Chetzemoka City Park or
through Port property at Point Hudson. The Chetzemoka Park access provides
viewing seats, disability access and interpretive public education signage on
marine resources and shoreline biology.
Impairments
1. Less than 10% of this shoreline is armored. The residential portion, which is
the major portion, of this sub-segment, contains no bulkheading.
2. The Chetzemoka Park shoreline is armored with broken chunks of aggregate
followed to the south by approximately 275 feet of riprap and a concrete
ramp walkway providing public and disability access to the shoreline
directly from the City park.
3. At nearly Mean Tide Level, the tideline reaches the riprap toe at the base of
walkway ramp.
4. On the northern end of the park property, stormwater runoff has been
allowed to drain over the top of the bluff causing soil failure directly under
the outfall located on the bluff at the rear of the Golden Age Club building.
5. Outfall of chlorinated City water forms an artificial aesthetic "creek"
flowing through the park cascades down the bluff. It is at the site of this
outfall that most of the derelict armoring aggregate is located.
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Chapter 3 – Summary of Inventory and Characterization
6. Some denudation along the residential bluff tops with increased construction
of new homes.
E. Low Bank Beach to Point Hudson
This 1500-foot low bank sub-segment extends from the southern border of
Chetzemoka Park to Point Hudson. It receives sediments from the south with
little, if any, input from the low bank backshore. The sediment wraps around
Point Hudson to create the spit. This sediment deposition has created a spit
extending easterly from the tip of Point Hudson. It is not clear if there was a
historical tidal inlet located along this sub-segment. Historically, the Port filled
and dredged the lagoon area at this site to create the marina.
Land Use
1. Approximately 700 feet of this 1500-foot sub-segment is owned by the Port
of Port Townsend. The remaining is adjacent to private property.
2. Approximately 50% is residential and 50% passive recreational use. The
beach is used by the public for walking and beach-combing and the adjacent
upland area, owned by the Port of Port Townsend, providing overnight
recreational vehicle and trailer-camping.
3. At Point Hudson, a gravel public road adjacent to the backshore provides
access to commercial buildings, restaurants, marina office, hotel, and RV
camping sites.
Public Access
1. Public access to this sub-segment is provided at both the Port's Point
Hudson property and Chetzemoka Park. This beach is widely used for
beachcombing and walking by the local public.
2. Point Hudson public access provides parking and pathways to the beach.
3. A Native American historical canoe exhibit is adjacent to the beach at the
Point Hudson section.
Impairments
1. 10% of this shoreline is armored.
2. This 1500-foot shoreline is largely unmodified, with the exception of 140
feet of riprap and wooden stairs added to provide beach access to a private
residence.
3. Low bank erosion along the shoreline of the Lincoln Beach residences has
moved the southern shoreline landward. This progradation could be
exacerbated by shoreline modifications along the southern shoreline that
have interfered with sediment transport and the deposition of sediments
along this shoreline.
4. Riprap armoring appears to be moving seaward.
3.5 Southern Shoreline
The Southern Shoreline consists of the shoreline from the Larry Scott Bluffs,
west of the western Boat Haven jetty, north to Indian Point, and north from
Indian Point to Point Hudson. The approximately 3 miles of shoreline along this
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Chapter 3 – Summary of Inventory and Characterization
segment are defined primarily as urban waterfront with a mix of commercial and
residential development. These shorelines are semi-protected from wind-wave
energy. They also provide fine substrates for eelgrass beds and support priority
and ESA-listed species. These shorelines are also the most highly modified
shorelines in the City. The Southern Shoreline consists of three segments: Point
Hudson to Indian Point Pocket Beaches, Kah Tai Trough, and Larry Scott Bluffs.
Port Townsend shorelines have a long history of human occupation. Based upon
early photographs taken at the turn of the century, the City's in- and over-water
structure footprint appears to have been reduced over the past decades. This is a
result of buildings no longer being built into the intertidal and recent dock
construction, such as the Union Wharf, being designed to avoid impacts to the
marine environment. The southern shoreline is 100% modified by various
structures and landfill. The majority of land use is commercial/port related
industrial. Residential uses in the form of condominiums or apartments occupy
low bank areas between downtown and the Boat Haven while single-family
residences sit on the high bank property above the Larry Scott Memorial Trail.
A. Point Hudson to Indian Point Pocket Beaches
This approximate one mile shoreline from Point Hudson to Indian Point consists
of small pocket beaches separated by riprap, seawalls and a variety of over-water
and other structures. Historically, along the eastern end in the immediate vicinity
of Point Hudson, the shoreline was low bank with tidal marshes. Continuing
westward from Monroe Street, steep feeder bluffs likely provided sediments to
broad, flat intertidal beaches between Point Hudson and Indian Point.
Approximately 6% of this shoreline remains unarmored. Unarmored beaches can
be found at Pope Marine Park, Adams Park and at the end of Tyler Street.
Land Use
1. The land use in this segment is predominately commercial and recreational.
2. Point Hudson is a small marina under the ownership of the Port of Port
Townsend that serves mainly recreational boaters.
3. The City Dock, the Wave Viewing Gallery, the Tidal Clock, and the Union
Wharf are city-owned structures built to serve tourism and recreational
needs.
4. A variety of private property owners own buildings and parcels adjacent to
downtown shorelines.
5. Admiralty Apartments and Bayview Condos are the only shoreline
residential buildings between Point Hudson and Indian Point. All other uses
are primarily commercial hotels, restaurants and retail.
Public Access
1. Public access via a pier out over the water is provided at the Point Hudson
jetty walkway along the marina jetty.
2. Access to the full length of the beach between Point Hudson and City Dock
is available just east of the Thomas Oil site, at the Salmon Club Boat Ramp,
and Pope Marine Park.
3. Public access is provided on piers over the water on the City Dock and the
Union Wharf.
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Chapter 3 – Summary of Inventory and Characterization
4. Public access to the beach area between the Cannery Building and the Surf
Restaurant is provided at the Adams Street Park.
5. Public access is provided just west of the ferry terminal access road and by
way of the public walkway beginning at the Shirley Browning Park at the
Bayview Restaurant and extending west to Indian Point via a continuous
walkway.
6. Public access is provided at the end of Tyler Street
7. Public access to the shoreline is provided at Walker Street Park.
Impairments
1. Over 95% of this beach is armored.
2. Between the Jetty Walkway and the old Thomas Oil site approximately 120
feet of beach is armored with riprap followed by 60 feet of unarmored
beach. West of the old Thomas Oil site, 60 feet of natural beach extends
westward, followed by a 60-foot natural beach and a 60-foot cement
seawall.
3. Concrete bulkhead on western edge of Thomas Oil site.
4. Portable Sani-can on intertidal beach.
5. Derelict dock at Thomas Oil site.
6. One city outfall pipe lies on the intertidal; another is out several hundred
feet in the subtidal between the old Thomas Oil Dock and Salmon Club boat
launch area.
7. The intertidal area between the City Dock and the Cannery Building has
been effectively eliminated by a variety of structures that include the Tidal
Clock, the Wave Viewing Gallery, the old Quincy Street Ferry Dock, and
the old Cannery Building.
8. West of the old Cannery Building riprap, a seawall extends to a 100-foot
unarmored pocket beach adjacent to the Adams Street Park, followed by
buildings and decks extending into and over the intertidal, including the Surf
Restaurant and Union Wharf.
9. West of the Union Wharf, a series of buildings extend into the intertidal
with the exception of one small 100-foot unarmored beach at the end of
Tyler Street.
10. Between the Port Townsend Plaza and the Washington State Ferry
Terminal, the Port Townsend Plaza bulkheading and fill area effectively
eliminates the intertidal beach seaward of the plaza riprap.
11. The area west of the Washington State Ferry Terminal and out to Indian
Point is a long continuous intertidal beach armored with a combination of
riprap and two concrete seawalls at each end. Indian Point is landfill
extending out into the intertidal.
12. Bulkheading has interrupted the littoral sediment drift and deposition along
Southern Shoreline beaches and adjacent Eastern Shorelines.
13. All docks with the exception of the Maritime Center, Union Wharf and the
new Washington State Ferry Terminal are built upon creosote piles.
Creosote is known to leach into adjacent substrates and the water column. In
this way, it known to enter the marine food web, resulting in the
bioaccumulation in marine organisms.
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14. Riprap and concrete rubble effectively eliminate shallow intertidal on tides
above MLW between Pope Marine Building and riprap rubble west of
Cannery Building on Quincy Street.
15. Concrete waste pile between Pope Marine Park and Pope Marine building
intrudes on the shallow intertidal above mean low water (MLW).
16. Between Quincy Street and Port Townsend Plaza, armored shorelines, with
the exception of the Tyler and Adams Streets pocket beaches, intrude into
the intertidal at tides above mean high water (MHW).
17. Port Townsend Plaza and associated riprap bulkheading extend into the
intertidal area, effectively eliminating the shallow intertidal on tides higher
than MLW from the eastern edge of the mall to just west of the ferry
terminal access road.
18. Dredged hole seaward of Port Townsend Plaza, from which fill was dredged
to support the plaza, eliminates the colonization of eelgrass at that location.
19. Restaurant, condominiums and motel built on landfill between new ferry
terminal and Indian Point intrude over historic intertidal and presently
effectively eliminate nearshore habitat above MHW.
20. Indian Point landfill eliminates shallow nearshore on all tides above MLW.
21. Derelict creosote piles and old wing walls still remain offshore of Point
Hudson, the Quincy Street abandoned ferry dock, just east of the Wave
Viewing Gallery and off of Indian Point.
22. Unusable "Wave Viewing Gallery" built on creosote piles shades intertidal
and eliminates intertidal at all tide levels above MLW.
23. A non-functioning Tidal Clock structure contributes to intertidal creep
seaward from MLW.
24. Future potential loss of public access with likely seaward movement of
armored shorelines.
25. Landfill at Indian Point may have reduced extent of eelgrass bed.
26. Boat anchoring during heavy tourist season likely dislodges and interferes
with health of eelgrass beds along downtown shorelines.
B. Kah Tai Trough
This is a one-mile shoreline that extends between the base of the bluffs just west
of Kearney Street to the eastern base of the Larry Scott Bluffs. This depression
once contained extensive wetlands and a very large lagoon that was largely filled
to provide for a large boat basin, boatyard and other businesses. It is part of an
approximate three-square mile depression in the center of the City that runs
approximately 3 miles north to south and 1 mile east to west across the City
center. Again, due to extensive modification, the direction of the drift cell is
presently unknown. Although historically the littoral drift direction was easterly
towards Point Hudson, these beaches are now cut off from sediments deposited
by alongshore drift from the west due to the Boat Haven and associated jetties
and structures.
Land Use
1. Along this approximate one-mile shoreline, between Indian Point and Boat
Haven, landuse is 25% residential and 75% commercial.
2. The marina has two boat basins, a main basin for private recreational boats
and a smaller commercial fishing basin to the east. Benedict Spit separates
the two basins. The marina configuration is that of a closed basin comprised
of 4 sets of docks with a total of 425 slips. The main basin hosts two haul-
out areas and two boat ramps.
3. 25 acres of uplands adjacent to the marina hosts a large industrial park that
provides storage for 200 boats and space for numerous marine trades and
related businesses.
4. Historic use of railroad trestle, now abandoned, west of the Boat Haven.
5. Gaines Street sewer pump station located at the waterward end of Gaines
Street.
Public Access
1. Public access to the beaches along this sub-segment is provided at Gaines
Street, at Kearney near Jefferson Title and just west of Aladdin Motor Inn.
2. The large Port of Port Townsend Boat Haven is a public marina providing
public access to docks over the water and along the inner marina shoreline.
Impairments
1. The jetties surrounding the marina interfere and block sediment transport
with sediments backing up behind the western jetty and not depositing to
beaches east of the marina, as they would otherwise do.
2. Marina jetties fill intertidal area and block sediment transport to all pocket
beaches to the east with sediments being trapped at the western end jetty.
3. Water quality sampling indicates that boat discharges and the lack of
circulation have degraded water quality within the marina. This degradation
is significant during the boating season with fecal coliform standards far
exceeding WDOH standards.
4. The marina provides no passageway for juvenile salmon migration.
5. The abandoned railroad trestle is a potential source of contaminants due to
creosote piles.
6. The Boat Haven is built in some of the most productive Pacific sand lance
habitat along city shorelines. Pacific sand lance spawning beaches are found
on both sides of the Boat Haven.
7. Untreated stormwater outfall in the Boat Haven.
8. A seawall and numerous riprap-armoring modifications intrude into the
intertidal posing risks of further seaward intrusion.
9. Artificial landfill at Indian Point intrudes into intertidal habitats.
C. Larry Scott Bluffs
Land Use
1. The City shoreline along the Larry Scott Trail extends for approximately 1/2
mile. It has 100% recreational use with the trail available to the public for
walking and bicycling.
2. Along the bluff tops, the upland use is 100% residential.
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3. At the base of the eastern edge of the bluffs, 2 port wetlands are used for
stormwater catchment.
4. The Port maintenance shop is also located in close proximity to these
wetlands.
Public Access
At the western end of the Boat Haven boatyard, public access is provided to a
shoreline trail for passive public recreation that includes walking and bicycling
along the Larry Scott Trail. The trail runs along the old railroad bed that once
served the Port Townsend Paper Mill.
Impairments
1. Fill and riprap has separated the intertidal from the historic feeder bluffs.
This reduces sediment deposition to down-drift beaches.
2. Larry Scott Trail is on fill over historic intertidal area.
3. Sediments drifting alongshore from feeder bluffs north of Kala Point
accumulate behind the marina.
4. Untreated stormwater outfalls are found along this segment of shoreline.
3.6 Lake Shorelines
A. Chinese Gardens
The Chinese Gardens Shoreline consists of the shoreline surrounding the Chinese
Garden Lake. It is located entirely within Fort Worden State Park within the
City’s largest drainage basin. The Chinese Garden Lagoon is a Category I
wetland with the lake also regulated under the City’s Shoreline Master Program.
Land Uses
1. Chinese Gardens is located within Fort Worden State Park. The surrounding
area to the east and north is used for passive recreation, such as walking and
kite-flying. No swimming or boating is allowed in the lake.
2. The western and southern half of the lake is approximately 50% residential,
including a small sheep farm on the southwest corner, and 50% municipal
with Jefferson County Housing Authority and the Port Townsend Sewer
System and Public Works offices located along the shoreline.
Public Access
Public access is provided to Chinese Gardens through trails from North Beach
County Park and trails to and from Fort Worden State Park. A bench for viewing
and historical information is provided.
Impairments
1. Historical drainage valves and dams for Chinese Truck Gardens.
2. Pipeline to marine waters for outflow on tide levels below MLLW.
3. Historical deforesting for military fort.
4. City stormwater collection from south, west and east city streets. Most of
this stormwater is treated by bioswale and ponding with the exception of a
culvert at the south end of the lake and overland from a pasture housing
development to the south.
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Chapter 3 – Summary of Inventory and Characterization
5. Shoreline hardening occurs along the face of the sewer treatment plant.
B. Kah Tai
The Kah Tai Lake Shoreline consists of the shoreline surrounding the Kah Tai
depression. At one time Kah Tai Lake was connected with Port Townsend Bay.
In the mid-1960’s Kah Tai, previously an open coastal lagoon connected with
Port Townsend Bay, was filled with Boat Haven dredge tailing to provide for
boat storage areas, businesses, and parking. Today, Kah Tai consists of 15 acres
of open water, 15 acres of wetland habitat, and 40 acres of upland habitat nestled
within a natural area in the center of the City. Recently Ecology has concluded
that the Kah Tai Lake Shoreline is a Category I wetland (Ecology 2004).
Land Use
1. Kah Tai basin is the second largest storm water drainage basin in the City.
The basin drains approximately 645 acres of medium to dense residential
development from the south-central city area, including surrounding areas,
the golf course and Discovery Road areas.
2. A tide gate in Kah Tai connects the lagoon to Port Townsend Bay inside the
Port Boat Haven near the small haul-out facility. The Port of Port Townsend
owns 20 acres of the Kah Tai park area. This includes approximately 1 acre
of water and 19 acres of land in the southeast corner of the Park between the
Washington Mutual Bank and the Kah Tai Care Center.
3. The City has a 30-year lease until 2012 with the Port to use this for
recreational purposes. The park is surrounded by a parking lot to the
southwest, Landes Street to the west, 19th Street to the north, a small bakery
on the northeast corner, Kah Tai Center, to the east, Washington Mutual
Bank to the southeast, Henery's Hardware, McDonald's and Safeway to the
South. The water itself is surrounded by trails and vegetation.
Impairments
1. Artificial filling of much wider area
2. Marine dredge fill
3. Soil contamination from unknown sources
4. Loss of potential linkage to marine shorelines
5. Non-native plant invasives upland (i.e. Scot's Broom)
6. Heavily used trail within 10 feet of water's edge
7. Recovering vegetated buffer
8. Inner pond (smaller) designed as human access site to ducks with limited
buffer
9. Tide gate connection.
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Chapter 4 - Shoreline Goals
Chapter 4
MASTER PROGRAM ELEMENTS:
Goals & Policies for the Port
Townsend Shoreline Master Program
SECTIONS:
4.1 Introduction
4.2 Shoreline Use Element
4.3 Economic Development Element
4.4 Circulation Element
4.5 Public Access Element
4.6 Recreational Element
4.7 Conservation Element
4.8 Restoration and Adaptive Management Element
4.9 Historic, Cultural, Scientific and Educational Element
4.1 Introduction
This section contains goals that form the foundation of the Shoreline
Master Program and apply to all areas of Port Townsend shoreline
jurisdiction, regardless of the designated shoreline environment. The
Shoreline Management Act requires cities to adopt goals, or “elements,” to
guide and support major shoreline management issues RCW 90.58.100(2)
4.2 Shoreline Use Element
Purpose
As required by RCW90.58.100(2)(d), this section addresses the
proposed general distribution and location and extent of uses on
shorelines and adjacent land areas for housing, business, industry,
transportation, agriculture, natural resources, recreation, education,
public buildings and grounds, and other categories of public and
private uses of the land.
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Chapter 4 - Shoreline Goals
Goal
To establish and implement policies and regulations for land uses
that are consistent with the requirements of the Act, the Shoreline
Guidelines, and the GMA, and which promote a mixture of
reasonable and appropriate shoreline uses that enhance the City’s
character, emphasize its connection with marine trades, foster its
historic and cultural identity, protect environmental resources and
achieve a net ecosystem improvement over time.
Policies
Policy 4.2.1 Maximize water-dependent and water-related industrial and
commercial uses in the Port of Port Townsend Boat Haven
shorelines.
Policy 4.2.2 Encourage marine trades and water-oriented uses within Point
Hudson that are in keeping with the small-scale and historic
character of the area and are compatible with surrounding areas.
Policy 4.2.3 Allow a limited range of non-water oriented uses within the
downtown National Register Historic District as a means of
promoting preservation/rehabilitation of historic buildings and
revitalization of the district as a whole.
Policy 4.2.4 Protect existing shoreline and water views, promote public safety,
and avoid adverse impacts to marine bluffs and nearshore habitat
in designing new residential development.
Policy 4.2.5 Ensure public safety, enhance public access, and achieve no net
loss of shoreline ecological functions by appropriately locating,
designing, and operating all activities, development and
redevelopment.
4.3 Economic Development Element
Purpose
As required by RCW90.58.100(2)(a), this section addresses the
location and design of industries, industrial projects of statewide
significance, transportation facilities, port facilities, tourist
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Chapter 4 - Shoreline Goals
facilities, commerce and other developments that are particularly
dependent on their location on or use of the shorelines of the state.
Goal
To foster a balanced, diversified and sustainable local economy
that contributes to Port Townsend’s high quality of life, through
the protection and enhancement of the community’s natural,
historical, and cultural amenities, and the improvement of the
financial well being of its residents. 1
Policies
Policy 4.3.1 Support and maintain visitor services and maritime industries as
significant components of the area economy.
Policy 4.3.2 Give priority to new shoreline commercial and industrial
development that is water-dependent, water-related or which
provides a significant public benefit in the form of restoration of
ecological functions/enhancement of public access and/or
revitalization of historic resources.
Policy 4.3.3 Support the expansion of passenger-only ferry services from Port
Townsend to other Puget Sound urban areas as well as the San
Juan Islands and Victoria, B.C., and cooperate with state and
federal service from Port Townsend to these locations.2
Policy 4.3.4 Strengthen the marine trades economy while protecting the natural
environment and balancing public use of shoreline areas
a. Maintain and enhance Port Townsend's character as a
working waterfront town by allowing marine-related
commerce and industry in specified shoreline areas.
b. Assist the Port in the development and implementation of
master plans for Port properties that are consistent with the
Growth Management Act and the Shoreline Master Program.
c. Plan and design shoreline open spaces that are compatible
with marine-related industrial and commercial uses of
shoreline areas.
1 (City of Port Townsend Comprehensive Plan - Economic Development Goals & Policies – Goal
1)
2 City of Port Townsend Comprehensive Plan – Transportation Element Policy 6.13
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Chapter 4 - Shoreline Goals
d. Promote the skill, motivation and availability of Port
Townsend’s marine trades workforce as a regional resource
of major importance to the City’s economic future.
e. Encourage governmental and civilian agencies to work with
local firms to identify and transfer technology that can
increase marine trade’s competitiveness.
f. Encourage the creation of marine trades jobs that are
dependent upon traditional skills, construction techniques,
and materials, such as: sail and canvas accessory
manufacture; spar and rigging construction; marine-oriented
carpentry; construction of wooden boats; blacksmithing; and
block-making and casting.
i. Support educational and vocational training efforts
aimed at enhancing traditional marine trades skills,
including mentorship and apprenticeship programs.
ii. Promote traditional marine trades enterprises on Port
owned lands at both the Boat Haven and Point Hudson
by working with the Port of Port Townsend.
g. Encourage development of the Northwest Maritime Center.
4.4 Circulation Element
Purpose
As required by 90.58.100(2)(d) RCW, this section addresses the
general location and extent of existing and proposed major
thoroughfares, transportation routes, terminals, and other public
utilities and facilities, all correlated with the shoreline use element.
Goal To achieve safe, convenient non-motorized-friendly, and
diversified circulation systems to provide public access to the
shoreline, efficient movement of people and goods, with minimum
disruption to the shoreline environment and minimum conflict
among shoreline uses and between shoreline users and abutting
upland areas.
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Chapter 4 - Shoreline Goals
Policies
Policy 4.4.1 Site non-water-dependent transportation and parking facilities as
far upland from the shoreline as feasible to reduce interference
with both the shoreline ecology as well as other more appropriate
shoreline uses.
Policy 4.4.2 Minimize impacts to the topography and other natural
characteristics of the shoreline by appropriately locating
transportation routes.
Policy 4.4.3 Provide and/or enhance physical and visual public access along
shoreline public roads (i.e., turnouts, viewpoints and rest areas)
where appropriate given topography, views and natural features.
Policy 4.4.4 Encourage the use of bicycles, shuttles and other alternative modes
of transportation for general access to and from the waterfront.
4.5 Public Access Element
Purpose This section makes provisions for public access to the shoreline as
required by 90.58.100(2)(b) RCW.
Goal
To provide, maintain and enhance a safe, convenient, and balanced
system of public access, both physical and visual: A system that
increases the amount and diversity of opportunity for the public to
enjoy the shorelines of the state, including access for people with
disabilities to the extent feasible, while respecting the rights of
private ownership; a system that is respectful of fragile natural
features of the shorelines and strives to maintain the character of
the community.
Policies
Policy 4.5.1 Incorporate building and landscape design standards to protect and
enhance public access. Design standards should include but are
not limited to height, bulk, scale, setbacks, signage, lighting and
preservation of view corridors through modulation of building
heights and massing. Encourage the use of native vegetation
where landscaping is required.
Policy 4.5.2 Preserve and enhance shoreline access areas through acquisition,
enhancement of shoreline street ends, signage of public access
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Chapter 4 - Shoreline Goals
points, and designation and design of specific shoreline access
areas for small vessels such as kayaks. Discourage privatization of
public rights-of-way (i.e., street vacations).
Policy 4.5.3 Promote a coordinated system of connected pathways, sidewalks,
passageways between buildings, beach walks, and shoreline access
points that increase the amount and diversity of opportunities for
walking and chances for personal discoveries.
Policy 4.5.4 Provide access for a range of users including pedestrians, cyclists,
boaters and people with disabilities to the extent feasible.
Policy 4.5.5 Vary public access opportunities by providing a range from urban
water walks to viewing platforms of natural areas.
Policy 4.5.6 Expand the amount and diversity of shoreline public access
opportunities consistent with the character, functions and values of
the shoreline, private property rights, and public safety.
Policy 4.5.7 Encourage plans by existing industries and public agencies
occupying waterfront lands, including the Port of Port Townsend,
Washington State Ferries, and Washington State Parks, to provide
as much public accessibility to the water as practicable, consistent
with public safety, homeland security concerns, and the protection
of shoreline ecological functions. .
Policy 4.5.8 Ensure that development, uses and activities on or near the
shoreline do not impair or detract from the public's visual or
physical access to the water consistent with constitutional and
other legal limitations on the regulation of private property.
4.6 Recreational Element
Purpose
As required by 90.58.100(2)(c ) RCW, this section provides for the
preservation and enlargement of recreational opportunities,
including but not limited to parks, tidelands, beaches, and
recreational areas.
Goal
To develop and maintain appropriate public and private
recreational opportunities that are compatible with adjacent uses
and that minimize disruption and degradation of the shoreline
environment, recognizing the importance of existing park, trail and
recreation areas.
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Chapter 4 - Shoreline Goals
Policies
Policy 4.6.1 Increase opportunities for water-oriented recreation in coordination
with Jefferson County, State Parks, and City of Port Townsend
Parks Department.
Policy 4.6.2 Provide a balance of passive and active, recreational and open
spaces.
Policy 4.6.3 Prohibit recreational facilities and activities that adversely affect
the integrity and character of the shoreline, or which threaten
fragile shoreline ecosystems and ecological functions.
4.7 Conservation Element
Purpose
This section addresses the preservation of natural resources,
including but not limited to scenic vistas, aesthetics, and fish and
wildlife habitat as required by 90.58.100(2)(f) RCW.
Goal
To preserve shoreline natural resources including scenic vistas,
aesthetics, estuaries, beaches, shorelines, fragile ecological areas,
fish and wildlife habitats, native vegetation and landforms, water
and air.
Policies
Policy 4.7.1 Protect critical areas and shoreline ecological processes and
functions through regulatory and non-regulatory means that may
include acquisition of key properties, regulation of development,
and incentives to encourage ecologically sound design.
Policy 4.7.2 Locate, design, construct, and operate development so as not to
degrade water quality as measured by state water quality standards.
Policy 4.7.3 Mitigate all foreseeable environmental impacts and achieve, at a
minimum, no net loss of shoreline ecological functions.
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Chapter 4 - Shoreline Goals
4.8 Restoration and Adaptive Management Element
Purpose
Consistent with the Shoreline Management Act's policy on
protection and restoration of environmental resources of the
shoreline, this section addresses the requirement to achieve “no net
loss of ecological functions necessary to sustain shoreline natural
resources” and to provide for the restoration of impaired ecological
functions.
Goal
To achieve No Net Loss and strive to improve impaired shoreline
ecological functions with the goal of achieving improvement over
time, when compared to the status at the time of adoption of the
Master Program.
Policies
Policy 4.8.1 Implement the Restoration Plan as described in Chapter 14 of this
Master Program.
Policy 4.8.2 Encourage projects that restore/rehabilitate/enhance shoreline
resources. Strategies may include but are not limited to a
simplified permit process, reduced or waiver of permit fees, public
outreach, encouraging landowners to replant with native
vegetation, tax relief, and city participation in a pilot project.
Policy 4.8.3 Provide incentives to restoration by implementing tools which may
include, but are not limited to: modifying the buffers that would
apply to the restored areas or allowing a greater range of uses or
flexible development standards (e.g., setbacks, height limits, lot
coverage) on properties providing restoration and/or affected by
restoration buffers.
Policy 4.8.4 Craft a preferential tax incentive in coordination with the County
through the Public Benefit Rating System administered by the
County under the Open Space Taxation Act (RCW 84.34) to
encourage private landowners to preserve natural shoreline
features for “open space” tax relief.
Policy 4.8.5 Employ Adaptive Management: Monitor and analyze the
cumulative impacts of development permitted in shoreline areas,
including development exempt from a shoreline Substantial
Development Permit. Where impacts are occurring beyond that
anticipated, the City should revise the Master Program to address
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Chapter 4 - Shoreline Goals
the cumulative impacts, and/or revise the conditions of approval of
developments to address the new information.
Policy 4.8.6 The City shall develop a “scorecard” as a tool to evaluate potential
restoration projects consistent with the criteria listed in Chapter 14,
Section 14.10 “Project Evaluation”.
4.9 Historic, Cultural, Scientific, and Educational
Element
Purpose
For the protection and restoration of buildings, sites, and areas
having historic, cultural, scientific, or educational values.
Goal
To ensure the recognition, protection, and restoration of shoreline
areas that have historical, cultural, educational, or scientific value
to the community, and create a unique “sense of place” in the
shoreline jurisdiction.
Policies
Policy 4.9.1 Foster greater appreciation for the importance of shoreline
management, environmental conservation, and maritime history
and activities by encouraging educational projects and programs.
Policy 4.9.2 Ensure that new development is compatible with existing historic
structures and cultural areas, and that it promotes the creation of
our own legacy for the future.
Policy 4.9.3 Encourage the rehabilitation, renovation, and adaptive reuse of
upper floors of historic buildings (e.g., for artist studios, permanent
housing, and office space), which will contribute to the vitality of
the Historic Landmark District.
Chapter 5
Shoreline Environments
SECTIONS:
5.1 Introduction
5.2 Authority
5.3 Shoreline Environment Designations
5.4 Official Shoreline Environments Designation Map
5.5 Shorelines of Statewide Significance
5.6 Aquatic
5.7 Natural
5.8 Conservancy
5.9 Shoreline Residential
5.10 Urban
5.11 Historic Waterfront
5.12 Boat Haven
5.13 Point Hudson
5.1 Introduction
The intent of designating shoreline environment is to encourage development that will
enhance the present or desired character of the shoreline. To accomplish this, segments
of shoreline are given an environment designation based on existing development
patterns, natural capabilities and limitations, and the aspirations of the local community.
Environment designations are categories that reflect the type of development that has, or
should take place in a given area. The scheme of classifications represents a relative
range of development, from high to low intensity land use, and targets types of
development to specific areas. The environment classification scheme is intended to
work in conjunction with local comprehensive planning and zoning.
Management policies are an integral part of the environment designations and are used
for determining uses and activities that can be permitted in each environment. Specific
development regulations specify how and where permitted development can take place
within each shoreline environment. Development Regulations in this chapter generally
govern use, height limits, and setbacks. Additional policies and development regulations
are provided for specific situations, uses and developments in other chapters of this
Master Program.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
5.2 Authority
Local governments are required, under the Washington State Shoreline Management Act
of 1971 through WAC 173-26, to develop and assign a land use categorization system for
shoreline areas as a basis for effective Shoreline Master Programs. The state’s Shoreline
Master Program Guidelines describe the purpose of environment designations in WAC
173-26-191(1)(d):
Shoreline management must address a wide range of physical conditions and
development settings along shoreline areas. Effective shoreline management requires
that the Shoreline Master Program prescribe different sets of environmental protection
measures, allowable use provisions, and development Regulations for each of these
shoreline segments.
The method for local government to account for different shoreline conditions is to assign
an environment designation to each distinct shoreline section in its jurisdiction. The
environment designation assignments provide the framework for implementing shoreline
policies and regulatory measures specific to the environment designation.
5.3 Shoreline Environment Designations
The Port Townsend classification system consists of eight shoreline environments that
are consistent with, and implement the Washington State Shorelines Management Act
(Chapter 90.58 RCW), the Shoreline Master Program Guidelines (Chapter 173-26 WAC),
and the City of Port Townsend Comprehensive Plan. These environment designations
have been assigned consistent with the corresponding designation criteria provided for
each environment. In delineating environment designations, the City of Port Townsend
aims to assure that existing shoreline ecological functions are protected with the proposed
pattern and intensity of development. Such designations should also be consistent with
policies for restoration of degraded shorelines. The eight-shoreline environments are:
1. Aquatic
2. Natural
3. Conservancy
4. Shoreline Residential
5. Urban
6. Historic Waterfront
7. Boat Haven
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Chapter 5 – Shoreline Environments (Sect. 1-6)
8. Point Hudson
These shoreline environments are based on those provided in the state guidelines and
include designation criteria and management policies that recognize the unique
characteristics of Port Townsend and specific areas of the shoreline.
Parallel Environments
The City of Port Townsend employs parallel environments where shorelines contain
steep bluffs or other physical or land use characteristics where a single environment
would not be consistent with achieving the goals and policies for the shoreline. Parallel
environments divide shorelands into different sections generally running parallel to the
shoreline. Such environments are useful, for example, to accommodate resource
protection near the shoreline and existing development further from the shoreline.
5.4 Official Shoreline Environments Designation Map
Map Established
The location and extent of areas under the jurisdiction of this Master Program, and the
boundaries of the various shoreline environments affecting the lands and waters of the
City shall be as shown on the map, entitled, “Official Shoreline Environments
Designation Map, City of Port Townsend, Washington.” The official shoreline map and
all the notations, references, and amendments thereto and other information shown
thereon are hereby made a part of this Master Program, just as if such information set
forth on the map were fully described and set forth herein.
File Copies
The official shoreline map shall be kept on file in the office of the City of Port Townsend
Long Range Planning Division, the Washington State Department of Ecology, and the
Washington State Code reviser. Unofficial copies of the map may be prepared for
administrative purposes. To facilitate use of this Master Program an “unofficial copy” has
been attached as Appendix A.
Map Amendments
The designation map is an integral part of this Master Program and may not be amended
except upon approval by the City and the Washington State Department of Ecology, as
provided under the Shoreline Management Act.
Boundary Interpretation
Where uncertainty or conflict may occur in the exact location of a jurisdictional or
shoreline designation boundary line, the Shoreline Administrator shall rely upon the
criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to
determinations of shorelands, as amended, rather than the incorrect or outdated map. In
the event that new shoreline areas are discovered (e.g., associated wetlands) that are not
mapped and/or designated on the official shoreline map, these areas are automatically
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Chapter 5 – Shoreline Environments (Sect. 1-6)
assigned a natural designation if they include critical areas, or, if no critical areas, a
conservancy designation until the shoreline can be redesignated through an SMP
amendment.
5.5 Shorelines of Statewide Significance
Introduction
The Shoreline Management Act designates certain shoreline areas as “shorelines of
statewide significance.” The state puts added emphasis on these areas to ensure that they
are protected for the long-term interests of the people of the state.
The Shoreline Management Act states that the interests of all of the people of the state
shall be paramount in the management of shorelines of statewide significance.
Areas Designated
Within the Port Townsend shoreline jurisdiction, the waters of Puget Sound and Strait of
Juan de Fuca lying seaward from the line of extreme low tide are designated as shorelines
of statewide significance.
Management Policies
Policy 5.5.1 Recognize the order of use preferences established by the Shoreline Management
Act in formulating and implementing this Master Program and any amendments
affecting shorelines of statewide significance. This Master Program gives
preference to uses, in the following order of preference, that:
a. Recognize and protect the statewide interest over local interest. The City
will consult with applicable state agencies, affected Indian tribes, and
statewide interest groups on proposed actions affecting shorelines of
statewide significance.
b. Preserve the natural character of the shoreline. Shoreline environment
designations and use regulations should direct higher intensity uses away
from functionally intact shorelines.
c. Result in long-term over short-term benefit. The benefits of new
development should be evaluated in light of the long-term impacts on
shoreline resources and aesthetics.
d. Protect the resources and ecology of the shoreline.
e. Increase public access to publicly owned areas of the shoreline. Given that
all of Port Townsend’s shorelines of statewide significance lie seaward of
the line of extreme low tide, public access for shorelines of statewide
significance pertains to aesthetics and access for recreational uses such as
boating and scuba diving.
f. Increase recreational opportunities for the public on the shoreline.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
g. Provide for any other element as defined in RCW 90.58.100 deemed
appropriate or necessary.
Policy 5.5.2 In addition to the provisions of this section, all proposed developments and
activities within shorelines of statewide significance shall comply with Section
5.6 Aquatic and all other appropriate provisions of this Master Program.
5.6 Aquatic
In addition to the aquatic policies and regulations set forth below, proposals involving
areas seaward of extreme low tide must comply with the policies for Shorelines of
Statewide Significance (Section 5.5 above).
The development patterns of Port Townsend’s historic downtown were predicated on the
orientation of buildings located along the shoreline towards Water Street. The absence of
adequate access to the rear of these buildings is evidenced by the loading/unloading of
commercial deliveries from the center of Water Street. This lack of rear access also
hinders the adaptive reuse of historic buildings. Modern building codes require two
points of egress for life-safety for most uses. Discharging building occupants to an
intertidal area (i.e., beach) does not satisfy the second point of egress requirements of the
codes.
The City is committed to maintaining the continued viability of historic buildings along
the shoreline. The establishment of an over-water walkway or multiple walkways that
allow for emergency egress is a key component towards maintaining this viability. In
addition, the establishment of these walkways may, in appropriate circumstances, provide
an added benefit by enhancing opportunities for public access.
Purpose
The purpose of the Aquatic designation is to protect, restore and enhance the unique
characteristics and resources of marine waters, including habitat, ecology, navigation and
public enjoyment. Recognizing the unique and fragile nature of the aquatic environment,
those limited uses that are allowed will typically require a conditional use permit.
Designation Criteria
The Aquatic environment designation is the area located waterward of the ordinary high-
water mark, excluding those waters encompassed within marinas, Chinese Gardens or
Kah Tai Lagoon. An Aquatic environment designation should be assigned to marine
waters and shorelands waterward of the ordinary high-water mark, provided that water
bodies used as commercial marinas may be designated Boat Haven Marine Trades or
Point Hudson Marina, and that the largely undeveloped open water areas of Chinese
Gardens and Kah Tai Lagoon should be designated Natural. The Aquatic environment
includes the water surface together with the underlying lands and the water column of
such areas.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
Areas Designated
Description
The Aquatic designation includes areas waterward of the ordinary high water mark,
except for Boat Haven Marina, Point Hudson Marina, Chinese Gardens or Kah Tai
Lagoon.
Rationale
The Aquatic shoreline environment allows specific control over potential in-water uses
and developments.
Management Policies
Uses
Policy 5.6.1 Limit uses and activities within the Aquatic environment, with few exceptions, to
water-dependent uses and public access/recreational improvements designed to
provide access to the shoreline for a substantial number of people.
Policy 5.6.2 Permit water-enjoyment uses a) in existing over-water buildings along the Port
Townsend historic waterfront or b) as part of a mixed use on over-water structures
where they are clearly auxiliary to and in support of water-dependent uses,
provided the minimum size requirement needed to meet the water-dependent use
is not violated.
New Over-water Structures
Policy 5.6.3 Allow new over-water structures only for water-dependent uses, restoration
projects, public access, or emergency egress and only on Port Townsend’s
southern shoreline (i.e., Port Townsend Bay). New over-water structures must
show significant public benefits. Pursuant to this policy, upper-story balconies or
cantilevered decks may be permitted for the purpose of dedicated public access if
attached to an existing legally established building, provided that ecological
functions are not impacted.
Policy 5.6.4 Limit the size of new over-water structures and encourage multiple-use as a
means of reducing impacts of shoreline development and increasing effective use
of water resources.
Reuse of Historic Over-water Structures
Policy 5.6.5 Permit minor expansions of existing historic over-water structures when
necessary to provide public access, to facilitate environmental restoration, or to
meet building safety codes.
Policy 5.6.6 Refurbish or rebuild existing piers and wharves along Port Townsend Bay to
maintain a modern-day link with the community’s maritime history.
Policy 5.6.7 Develop, in coordination with the Port of Port Townsend, a moorage float and
dock facility for passenger ferries and other seasonal commercial tour vessels at
the Quincy Street dock
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Chapter 5 – Shoreline Environments (Sect. 1-6)
Design Elements
Policy 5.6.8 All developments and uses on navigable waters or their beds should be located
and designed to minimize interference with surface navigation, to be compatible
with adjacent aquatic and upland uses, and to consider impacts to public view.
Environmental Protection
Policy 5.6.9 Shoreline uses and modifications within the Aquatic environment should be
designed and managed consistent with the Environmental Protection policies and
regulations of Chapter 6 including but not limited to preservation of water quality,
habitat (such as eelgrass, kelp, forage fish spawning beaches, etc.), natural
hydrographic conditions, and safe, unobstructed passage of fish and wildlife,
particularly those species dependent on migration.
Policy 5.6.10 Remove abandoned over-water structures when they no longer serve their
permitted use unless:
a. Retaining such structures provides a net environmental benefit, for
example, artificial reef effect of concrete anchors; or
b. Such structures can be reused in a manner that helps maintain the
character of the City’s historic waterfront; or
c. Removing such structures would have substantial potential to release
harmful substances into the waterways despite use of reasonable
precautions.
Development Regulations
Uses
DR-5.6.1 The following uses are prohibited in the Aquatic environment:
a. Non-water-dependent Industrial and Port Facilities
b. Mining, Drilling
c. Parking (with the exception of "holding" areas associated with public
ferries. See DR 5.6.2 below.)
d. Non-water oriented uses.
DR-5.6.2 The following uses are permitted :
a. Aquaculture as specified in Chapter 8, Section 8.4
b. Ecological restoration and scientific research approved by agencies with
jurisdiction, including but not limited to, aquaculture associated with a
native species restoration.
c. Accessory utilities.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
d. Water-dependent uses (e.g., recreational, moorage) that are neither
prohibited by the adjoining upland environmental designation nor
associated with over-water structures. (For uses involving over-water
structures see "New over-water structures" and "Reuse of Historic Over-
Water Structures" below).
DR-5.6.3 The following uses may be allowed as a conditional use:
a. Expansion of existing marinas as specified in Chapter 8, Section 8.8.
b. Utilities – Primary utilities.
c. Vehicle” holding” areas associated with public ferries.
d. Water-oriented, low to moderate intensity, recreational uses which are
permitted within the adjoining upland.
DR-5.6.4 Additional allowed, conditional and prohibited uses for the Aquatic shoreline
environment are listed in Table 5 at the end of the Chapter.
New Over-water Structures
DR-5.6.5 The following new over-water structures may be permitted provided that the
applicant can demonstrate that mitigation has been incorporated to achieve no net
loss of shoreline ecological functions necessary to sustain shoreline resources:
:
a. Interconnected walkways that facilitate a second point of egress to achieve
life/safety code compliance to facilitate adaptive reuse of shoreline
buildings in the Historic Waterfront District shall be permitted in cases
where no feasible alternative exists. Although the primary purpose of
these walkways shall be to facilitate emergency egress, opportunities for
their use to enhance public access along the shoreline shall be evaluated
and where appropriate, permitted as a conditional use if dedicated public
access is provided. Elevated walkways and decks shall not inhibit public
access to or use of the beach unless no other alternative exists for meeting
life/safety codes.
b. Cantilevered decks and balconies may be permitted for the purpose of
dedicated public access on upper floors of buildings legally established
prior to adoption of this 2007 Master Program, provided that the applicant
can demonstrate that the proposed improvements will not adversely
impact public use of the shoreline or the ecological functions, values, and
resources of the shoreline.
DR-5.6.6 The following new over-water structures shall require a conditional use permit:
a. Water-dependent uses adjacent to the south-shore provided said use is
permitted within the adjoining upland environmental designation;
b. Structures required as part of an approved ecological restoration project;
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Chapter 5 – Shoreline Environments (Sect. 1-6)
c. Public access structures designed to take advantage of the unique
resources of the shoreline adjacent to the Historic Waterfront
environment; or
d. Ferry holding area for public ferry system.
DR-5.6.7 The over-water footprint shall be designed and located to reduce associated
environmental impacts. Strategies may include limiting the size of the footprint
to that necessary to support the structure’s intended use and/or extending the
structure waterward to avoid shading of critical habitat.
DR-5.6.8 Limiting the extent of over-water coverage and ecological impacts shall be the
first priority in design of over-water facilities. In an effort to minimize the
number of over-water structures, designs which accommodate multiple use of an
area (e.g. ferry loading or other water dependent use by day, public access at
night) shall be encouraged.
Reuse of Historic Over-water Structures
The Shoreline Management Act and the City of Port Townsend Comprehensive Plan
encourage adaptive reuse of historically significant structures. Several such structures
exist along the City’s downtown National Historic Landmark. These structures include
both traditional over-water structures (e.g., piers, wharves), and several buildings (e.g.,
the Cannery and Admiralty Apartments). The two types of structures are regulated
differently under WAC 173-26 and by this Master Program as set forth below:
DR-5.6.9 Subject to a Conditional Use Permit, the following uses may be permitted on
historic over-water structures and may include new buildings:
a. Water-dependent uses adjacent to the south-shore, provided said use is
permitted within the adjoining upland environment designation;
b. Structures required as part of an approved ecological restoration project;
c. Public access uses designed to take advantage of the unique resources of
the shoreline adjacent to the Historic Waterfront environment; or
d. Water-related and water-enjoyment uses if part of a mixed-use
development that includes a water-dependent use and when conducted in
an existing over-water building, provided such uses are auxiliary to and in
support of a water-dependent use where the minimum size requirements of
the water-dependent use are met.
DR-5.6.10 To promote preservation of historic buildings, water-related and water-enjoyment
uses open to the general public may be permitted as a conditional use in existing
or redeveloped historic over-water buildings provided the following conditions
are met:
a. The building is documented on the City’s local historic register as a
contributing structure.
b. Any proposed commercial uses must be designed to provide for the
public's interaction and enjoyment of the shoreline, be open to the
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Chapter 5 – Shoreline Environments (Sect. 1-6)
general public and be consistent with the performance standards of
the Historic Waterfront shoreline.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
Design Elements for all over-water structures
DR-5.6.11 All structures that could interfere with navigation shall be marked in accordance
with the Coast Guard Private Aids to Navigation.
DR-5.6.12 Aquatic developments shall not be approved in narrow channels, shipping lanes,
or in other areas where they are a significant hazard to navigation.
DR-5.6.13 Structures placed in the Aquatic designation shall blend into the surroundings to
the greatest extent feasible utilizing appropriate color(s), texture, non-reflective
materials, and other design characteristics.
DR-5.6.14 New over-water structures and exterior modifications to existing over-water
structures adjacent to the Historic Waterfront District are subject to Historic
District Design Review pursuant to Chapter 17.30 PTMC.
DR-5.6.15 Passage for low profile, non-motorized boats (e.g., rowing skiffs, kayaks) shall be
provided beneath the structure where feasible, given safety and security issues.
DR-5.6.16 The maximum level for noise generated in the Aquatic designation shall be 50
dBA at a distance of 100 feet. This standard shall not apply to vessels that are
under way. All feasible methods shall be employed to minimize over-water noise
generation.
Additional Design Elements for Redevelopment
DR-5.6.17 Where new buildings are proposed on historic over-water structures, at least one-
third of the over-water structure, including a perimeter walkway, shall be
dedicated for public access and enjoyment of the shoreline.
DR-5.6.18 Whenever redevelopment is proposed, the redeveloped structure shall reduce
associated environmental impacts. The historic footprint may be altered provided
that the revised footprint reduces associated environmental impacts (e.g., a
reduced footprint, a design incorporating grates to allow light to penetrate, or even
extension of the dock – as was the case with redevelopment of the Northwest
Maritime Center dock where the extended footprint actually reduced impacts to
eelgrass beds when compared with the historic footprint). Minor expansion of
existing over-water structures may be permitted when necessary to provide public
access where it is currently lacking, for environmental restoration, to preserve
historic elements of the structure, or to meet building safety codes.
DR-5.6.19 The redevelopment will provide physical public access to and over the water
consistent with the provisions of Chapter 7, Public Access, of this Master
Program.
(See also, Chapter 11, Sections 11.2-11.4, Non-Conforming Uses, Structures, and
Lots).
Conditions of Approval
DR-5.6.20 Approval of new over-water structures shall include a condition that structures,
equipment, and materials shall be removed as soon as practicable upon the
cessation of a project's operation or a structure's useful life. Any structure that is
damaged or breaks away in the water shall be repaired or removed by the
permittee as soon as practicable. Permittees who anticipate a temporary
interruption of the use of a facility or structure may be allowed to keep it in its
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Chapter 5 – Shoreline Environments (Sect. 1-6)
permitted location provided they notify and receive written concurrence from the
City of Port Townsend Development Services Department. Any structure not
utilized for over one (1) year shall be removed by the owner regardless of future
anticipated use unless prior permission has been granted by the City’s Shoreline
Administrator upon showing of good cause (e.g., environmental benefit, potential
for reuse consistent with historic character, removal may result in environmental
degradation).
DR-5.6.21 The City may require a security bond for developments in the Aquatic designation
suitable to guarantee the removal of all structures, equipment, and materials, for
developments and activities that are anticipated to cease operation in less than five
years from date of approval. The City may require security beyond that required
by the state if it is determined that state requirements are not adequate to secure
removal of structures.
DR-5.6.22 Permittees shall be liable for all damages to public and private property resulting
from their activities and development within the Aquatic designation. The City
may require liability insurance beyond that required by the State if it is
determined that state requirements are not adequate to cover damages.
Height Limits
DR-5.6.23 No new or expanded structure shall exceed a building height of 18 feet, 6 inches
above the deck surface consistent with the existing Union Wharf building, except
height limits shall not apply to flagpoles, antennas, and functional components of
water-dependent uses (e.g., overhead walkways for ferry operations, booms for
haul-out facilities), that may exceed the height limit when necessary to perform
their intended functions.
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Chapter 5 – Shoreline Environments (Sect. 1-6)
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
5.7 Natural
Purpose
The purpose of the Natural Designation is to protect those shoreline areas that are
relatively free of human influence or that include intact or minimally degraded
shoreline functions intolerant of human use. These systems require that only very
low intensity uses be allowed in order to maintain the ecological functions and
ecosystem-wide processes. Uses envisioned within this designation are limited to
those recreational/educational uses that are in keeping with the primary goal of
environmental protection. Consistent with the policies of the designation, the
Shoreline Master Program should include planning for restoration of degraded
shorelines within this environment.
Designation Criteria
The Natural Designation includes those areas that require very low intensity uses
in order to maintain the ecological functions and ecosystem-wide processes. A
Natural Designation should be considered for shoreline areas if any of the
following characteristics apply:
1. The shoreline is ecologically intact and therefore currently
performing an important, irreplaceable function or ecosystem-wide
process that would be damaged by human activity;
2. The shoreline is considered to represent ecosystems and geologic
types that are of particular scientific and educational interest;
3. The shoreline is unable to support new development or uses
without significant adverse impact to ecological functions or risk
to human safety; or
4. The shoreline is in public ownership and has been identified as a
restoration opportunity in Chapter 14, Shoreline Restoration, and is
intended to remain free of development.
Such shoreline areas include largely undisturbed portions of shoreline areas such
as lakes, wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically
intact shoreline habitats.
Ecologically intact shorelines, as used here, means those shoreline areas that
retain the majority of their natural shoreline functions, as evidenced by the
shoreline configuration and the presence of native vegetation. Generally, but not
necessarily, ecologically intact shorelines are free of structural shoreline
modifications, structures, and intensive human uses. Recognizing that there is
continuum of ecological conditions ranging from near natural conditions to totally
degraded and contaminated sites, this term is intended to delineate those shoreline
areas that provide valuable functions for the larger aquatic and terrestrial
Final – 2-14-07
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
environments which could be lost or significantly reduced by human
development.
Areas Designated
Description
The Natural designation includes:
Marine bluffs (slopes greater than 40%) adjacent to the beach; and the open
water portions and the surrounding city/county/state owned lands of Chinese
Gardens and Kah Tai Lagoon.
Rationale
These areas are wetlands, water bodies and steep slopes in Port Townsend that
remain in a relatively natural state and perform important ecological functions. It
is recognized, however, that both Chinese Gardens and Kah Tai Lagoon also
serve as receiving water bodies for stormwater from upland areas within their
respective basins.
Management Policies
Uses
Policy 5.7.1 Encourage uses that are in keeping with the primary goal of environmental
protection. To the extent feasible, new uses and activities should be
limited to restoration projects and public access or recreational/educational
uses.
Policy 5.7.2 Preserve and enhance ecological functions of the area by appropriately
designing permitted uses.
Policy 5.7.3 Allow the following uses in the Natural Designation:
a. Where necessary to avoid violation of constitutional or statutory
limitations on regulation of private property, single-family
residential development may be allowed on existing platted lots as
a conditional use provided that the density and design of such use
is limited as necessary to protect ecological functions and be
consistent with the purpose of the environment.
b. Scientific, historical, cultural, educational research uses, public
access and low-intensity water-oriented recreational access uses
provided that no significant ecological impact on the area will
result.
c. Maintenance and upgrades of existing public facilities (e.g., sewer
outfall at North Beach, road improvements including addition of
sidewalks) where no feasible alternative exists.
Policy 5.7.4 Sub-divisions: Protect natural vegetation and shoreline ecological
functions by prohibiting the subdivision of property in a configuration
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
that, to achieve its intended purpose, will require significant vegetation
removal or shoreline modification that adversely impacts ecological
functions. Each new parcel should be able to support its intended
development without significant ecological impacts to the shoreline
ecological functions.
Development Regulations
Uses
DR-5.7.1 The following are prohibited in the Natural Designation unless allowed
under DR–5.7.2 or DR-5.7.3 below:
a. Agriculture;
b. Aquaculture developments and mechanized harvest practices
unless otherwise permitted by this section;
c. Commercial uses;
d. Development that would substantially degrade ecological functions
or the natural character of the shoreline (e.g., armoring of the
shoreline that would interrupt habitat forming processes taking
place within drift cells.)
e. Industrial and port facilities;
f. Over-water structures;
g. Private stairs/trams/docks/piers and floats are prohibited, while
public facilities may be permitted;
h. Residential uses except where necessary to avoid a violation of
constitutional or statutory limitations on the regulation of private
property.
i. Recreational uses of high or moderate intensity of any kind (i.e.,
water-oriented or non-water oriented)
j. Roads, utility corridors, and parking areas that can be located
outside of natural-designated shorelines;
k. Subdivisions. The subdivision of property to support development
of additional residential, commercial or industrial uses, or that
would require significant vegetation removal or shoreline
modification within the Natural Designation (i.e., subdivisions
lying partially within the Natural Designation must ensure that
uses and modifications proposed within the Natural Designation
are consistent with this section and that the overall subdivision
results in no net loss of ecological functions).
DR-5.7.2 Uses that result in restoration of ecological functions and/or fish and
wildlife habitat are encouraged if the use is otherwise compatible with the
Final – 2-14-07
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
character of the area. This may include in-water restoration/habitat
enhancement projects.
DR-5.7.3 The following uses may be allowed on the upland areas:
a. Development of one residential dwelling unit may be allowed as a
conditional use on existing platted lots within the Natural
Designation to prevent denying all reasonable use of a parcel in
violation of constitutional or statutory requirements and only if the
intensity of such use is limited as necessary to protect ecological
functions;
b. Ecological restoration/habitat enhancement including aquaculture
or dredging associated thereto;
c. Low-impact recreational and public access improvements (e.g.,
footpath and viewing platforms and benches), scientific, historical,
cultural, educational research uses, and upland, low intensity
water-oriented recreational uses (i.e., watercraft are not permitted)
may be allowed provided that no significant ecological impact on
the area will result;
d. Scientific, cultural, and educational facilities including interpretive
signage provided that no significant ecological impact on the area
will result;
e. Maintenance and upgrades of existing public facilities (e.g., sewer
outfall at North Beach, road improvements including addition of
sidewalks) where no feasible alternative exists;
f. Roads and associated facilities,utility corridors, and parking areas
that, per the determination of the Shorelines Administrator, cannot
be located outside of Natural-designated shorelines may be
permitted as a conditional use;
g. Additional allowed, conditional and prohibited uses for the Natural
Designation are listed in Table 5 at the end of this Chapter.
Height Limitations
DR-5.7.4 No new or expanded building or structure shall exceed a building height of
twenty-five (25) feet.
Setbacks
DR-5.7.5 Unless otherwise specified herein, permanent structures, storage, and hard
surfaces shall be set back a minimum of two hundred (200) feet from the
ordinary high water mark. Setbacks are measured landward, on a
horizontal plane, perpendicular to the shoreline.
a. To prevent denying all use of a parcel in violation of
constitutional or statutory requirements, a single residential
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
dwelling may be allowed within the setback, provided that
placement of structures, storage, and hard surfaces shall be
limited to the minimum necessary to allow for reasonable use
of the property and impacts to wetlands and habitat functions
are mitigated.
b. Development associated with public access, scientific,
historical, cultural, educational research, and low intensity
water-oriented recreational uses and ecological
restoration/habitat enhancement are not required to meet the
two hundred (200) foot setback. However, where such
development can be approved within the setback, the
placement of structures, storage, and hard surfaces shall be
limited to the minimum necessary for the successful operation
of the use.
c. Development of roads, utility corridors, and parking areas that
cannot be located outside of Natural-designated shorelines are
not required to meet the two hundred (200) foot setback.
However, where such improvements can be approved within
the setback, the placement of structures, storage, and hard
surfaces shall be limited to the minimum necessary for the
successful operation of the use.
d. In addition to the required 200-foot setback for structures,
critical areas buffers may also apply (See Chapter 6), the
setback/buffer that provides greater protection to the critical
area takes precedence. Furthermore, activities that are
permitted within the 200-foot setback (e.g., landscaping, trail
development, public utilities upgrades) must comply with the
critical area regulations in Chapter 6.
DR-5.7.6 Deviations from the required setback shall be reviewed on an individual
basis. A request for a deviation shall be considered a variance following
the procedures established under Subsection 10.7 and will be subject to the
variance review criteria established under Subsection 10.7.4 of this Master
Program. Unless appealed, a setback deviation rendered by the City shall
be considered final.
Design Elements
DR-5.7.7 For all residential development within shorelines jurisdiction, the
maximum total percentage of lot area that can be covered by impervious
surfaces (including parking areas but excluding required right-of-way
improvements) shall be limited to 20% of the actual land area. In no case
shall total impervious area exceed 5,000 square feet for any one single-
family detached dwelling and accessory structures (i.e., when a single-
Final – 2-14-07
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
family home is proposed over multiple lots the total impervious area must
not exceed 5,000 square feet) 1.
Areas waterward of the Ordinary High Water Mark and areas of marine
bluffs, steep slopes, and wetlands shall not be included to calculate land
area. For example, only the buildable area landward of the marine bluff
edge shall be used in the calculation.
The shoreline administrator may grant a waiver, limited to the maximum
lot coverage requirements under Title 17 PTMC, when the impervious
surface limits would deny all reasonable use of a parcel in violation of
constitutional or statutory requirements.
DR-5.7.8 Within the Natural Designation, removal of vegetation and topsoil is
strictly regulated under the Clearing, Grading and Vegetation
Management Provisions of Chapter 9.
5.8 Conservancy
Purpose
The Conservancy Designation is intended to protect and restore the public
benefits and ecological functions of open space, natural areas and other sensitive
lands (e.g., valuable historic, educational, or scientific research areas, areas
of high scenic value.) where they exist within the City, while allowing a variety
of compatible uses. It is the most suitable designation for shoreline areas that
possess a specific resource or value that can be protected without excluding or
severely restricting all other uses. It should be applied to those areas that would
most benefit the public if their existing character is maintained, but which are also
able to tolerate limited or carefully planned development or resource use.
Permitted uses may include recreational, cultural and historic uses provided these
activities are in keeping with the goals of protection and restoration as stated
herein.
Designation Criteria
The Conservancy Designation consists of valuable natural, cultural, or historical
resources or environmental conditions that should be protected, conserved, and
managed so that those resources and areas remain available for the benefit of the
public.
1 The 5,000 square foot cap applies in a case where a single-family residence is proposed over
multiple lots. If the cap is applied to “a lot”, it limits placement of the impervious surfaces rather
than total area. If the cap applies to “a single-family residence”, it limits the total square footage
for any single ownership. Note that this cap discourages large residential estates.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
Consider assigning the Conservancy Designation to appropriate shoreline areas,
that is, those planned for development that are compatible with maintaining or
restoring of the ecological functions of the area, and that are generally not suitable
for water-dependent uses, if any of the following characteristics apply:
a. They are suitable for water-related or water-enjoyment uses;
b. They are open space, floodplain or other sensitive areas that should
not be more intensively developed;
c. They have potential for ecological restoration;
d. They retain important ecological functions, even though partially
developed; or
e. They have the potential for development that is compatible with
ecological restoration.
Areas Designated
Description
The Conservancy Designation includes:
a. The southern shoreline of Kah Tai Lagoon,
b. Areas landward of the ordinary high water mark in Fort Worden State
Park, and in areas of Jefferson County North Beach Park that are not
marine bluffs; and
c. Areas landward of the ordinary high water mark along the Larry Scott
Memorial Trail that are not marine bluffs.
Rationale
These areas are preserved areas of open space that support outdoor recreational
uses. Their lack of intense development affords the opportunity for ecological
restoration. They also include cultural and historic resources that should be
preserved for continued public access.
Management Policies
Uses
Protect shoreline functions and resources by limiting, to the extent feasible, new uses and
activities in the Conservancy Designation to recreational, cultural and historic uses
located and designed to avoid shoreline impacts.
Policy 5.8.1 Ensure the preservation of scenic and non-renewable natural resources and
the conservation of renewable resources for the benefit of existing and
future generations, by limiting permitted uses and assuring that they are
located and designed appropriately.
Policy 5.8.2 Encourage the following uses:
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
a. Uses that preserve the natural character of the area or promote
preservation of open space, culturally or historically significant
sites, or sensitive lands, either directly or over the long term.
b. Uses that result in restoration of ecological functions if the use is
otherwise compatible with the character of the area.
Policy 5.8.3 Give priority to water-oriented uses over non-water oriented uses. For
shoreline areas adjacent to commercially navigable waters,
water-dependent uses that cannot be reasonably located in other
environments (such as radar installations) should be given highest priority.
Policy 5.8.4 Establish best management standards for shoreline stabilization measures,
vegetation conservation, water quality, and shoreline modifications within
the Conservancy Designation to ensure that new development does not
result in a net loss of shoreline ecological functions or further degrade
other shoreline values.
Policy 5.8.5 Subdivisions - Protect natural vegetation and shoreline ecological
functions by prohibiting the subdivision of property in a configuration
that, to achieve its intended purpose, will require significant vegetation
removal or shoreline modification that adversely impacts ecological
functions. Each new parcel should be able to support its intended
development without significant ecological impacts to the shoreline
ecological functions.
Development Regulations
Uses
DR-5.8.1 The following are prohibited in the Conservancy Designation unless
allowed under DR-5.8.2 or 5.8.3, below:
a. Agriculture;
b. Commercial uses;
c. Development that would reduce the capability of vegetation to
perform normal ecological functions;
d. Industrial and port facilities;
e. Residential uses except where necessary to avoid violation of
constitutional or statutory limitations on the regulation of private
property;
f. Non-water oriented recreation;
g. Recreational uses of high intensity;
h. Roads, utility corridors, and parking areas that can be located
outside of Conservancy-designated shorelines;
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
i. The subdivision of property to support additional residential,
commercial or industrial uses that would require significant
vegetation removal or shoreline modification within the
Conservancy Designation (i.e., subdivisions lying partially within
the Conservancy Designation must ensure that uses and
modifications proposed within the Conservancy Designation are
consistent with this section and that the overall subdivision results
in no net loss of ecological functions).
DR-5.8.2 Uses that result in restoration of ecological functions and/or enhance fish
and wildlife habitat are encouraged if the use is otherwise compatible with
the character of the area.
DR-5.8.3 The following uses may be allowed:
a. Scientific, historical, cultural, educational research uses, public
access and low-moderate intensity water oriented recreational
access uses provided that no significant ecological impact on the
area will result;
b. Point Wilson Lighthouse, a historic landmark structure, and its
existing associated structures may be used by Washington State
Parks or a non-profit organization for transient accommodations as
a permitted use;
c. Development of one residential dwelling unit may be allowed as a
conditional use on existing platted lots within the Conservancy
Designation to prevent denying all reasonable use of a parcel in
violation of constitutional or statutory requirements and only if the
intensity of such use is limited as necessary to protect ecological
functions;
d. Roads and utility extensions, maintenance and upgrades where no
feasible alternative exists may be permitted as a conditional use;
e. Additional allowed, conditional and prohibited uses for the
Conservancy-designated shoreline environment are listed in Table
5 at the end of this Chapter.
Height Limit
DR-5.8.4 No new or expanded building or structure shall exceed a building height of
thirty (30) feet.
Setbacks
DR-5.8.5 Unless otherwise specified herein, permanent structures, storage, and hard
surfaces shall be set back a minimum of two hundred (200) feet from the
ordinary high water mark. Setbacks are measured landward, on a
horizontal plane, perpendicular to the shoreline.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
a. To prevent denying all reasonable use of a parcel in violation of
constitutional or statutory requirements, a single residential
dwelling may be allowed within the setback, provided that
placement of structures, storage, and hard surfaces shall be limited
to the minimum necessary to allow for reasonable use of the
property and impacts to wetlands and habitat functions are
mitigated.
b. Developments associated with public access, scientific, historical,
cultural, educational research, low-moderate intensity water-
oriented recreational uses and ecological restoration/habitat
enhancement are not required to meet the two hundred (200) foot
setback. However, where such development may be approved
within the setback, the placement of structures, storage, and hard
surfaces shall be limited to the minimum necessary for the
successful operation of the use.
c. Development of roads, utility corridors, and parking areas that
cannot, per the determination of the Shorelines Administrator, be
located outside of Conservancy-designated shorelines are not
required to meet the two hundred (200) foot setback. However,
where such improvements may be approved within the setback, the
placement of structures, storage, and hard surfaces shall be limited
to the minimum necessary for the successful operation of the use.
DR-5.8.6 Deviations from the required setback shall be reviewed on an individual
basis. Requests for deviations shall be considered a variance following the
procedures established under Subsection 10.7 and will be subject to the
variance review criteria established under Subsection 10.7.4 of this Master
Program. Unless appealed, a setback deviation rendered by the City shall
be considered final.
DR-5.8.7 Within the Conservancy Designation, removal of vegetation and topsoil is
strictly regulated under the Clearing, Grading and Vegetation
Management Provisions of Chapter 9.
Design Elements
DR-5.8.8 For all residential development within shorelines jurisdiction, the area of
impervious surfaces (including parking areas but excluding required right-
of-way improvements) to be developed within shorelines jurisdiction shall
be limited by the slope of the lot as specified in the following table. In no
case shall total impervious area exceed 5,000 square feet for any one
single-family detached dwelling and accessory structures (i.e., when a
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
single-family home is proposed over multiple lots, the total impervious
area must not exceed 5,000 square feet)1.
Slope Impervious limit (expressed as a
percentage of actual land area)
15% or less 30%
15-30 25%
Greater than 30% 20%
Areas waterward of the Ordinary High Water Mark and areas of marine
bluffs, steep slopes, and wetlands shall not be included to calculate land
area. For example, only the buildable area landward of the marine bluff
edge shall be used in the calculation.
The shoreline administrator may grant a waiver, limited to the maximum
lot coverage requirements under Title 17 PTMC, when the impervious
surface limits would deny all reasonable use of a parcel in violation of
constitutional or statutory requirements.
5.9 Shoreline Residential
Purpose
The purpose of the Shoreline Residential Designation is to accommodate
residential development and associated structures that are consistent with the
Shoreline Management Act (SMA) and the protection and restoration of
ecological functions. An additional purpose is to provide appropriate public
access and recreational uses.
Designation Criteria
The Shoreline Residential Designation is an area of low and moderate intensity
residential land that maintains significant natural features. The Shoreline
Residential Designation is appropriate for shoreline areas that are planned and
platted for residential development. Where the Shoreline Residential Designation
is adjacent to a marine bluff, the Shoreline Residential Designation is that area
landward of the top of the bluff. Where no significant bluff exists (i.e., bluffs
with a vertical height of ten feet or less), the Shoreline Residential Designation
extends to the ordinary high water mark. Appropriate infrastructure either exists
within these areas or is planned to be extended for the purpose of serving
residential development.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
Areas Designated
Description
The Shoreline Residential designation includes:
a. Areas zoned residential within 200-feet of the ordinary high water
mark of marine waters, Kah Tai and Chinese Gardens lagoons; and
b. For bluff top properties, residential lands lying landward of
significant bluffs (i.e., bluffs with a vertical height of ten feet or
greater).
Rationale
These areas are privately owned lands zoned for residential development and have
become established as residential neighborhoods. Infrastructure either exists or is
planned to extend to these areas for the purpose of serving residential
development. A key characteristic of these areas is their relationship and
orientation to the shoreline.
Management Policies
Uses
Policy-5.9.1 Allow residential uses as the primary allowed uses in the Shoreline
Residential Designation.
Policy-5.9.2 Allow limited non-residential uses, such as community clubhouse, day
care, home occupation businesses, churches, and bed and breakfasts, may
be allowed, provided they are consistent with the residential character.
Policy-5.9.3 Implement public access, public education (e.g., interpretive signs), and
public recreation objectives whenever feasible while ensuring that
significant ecological impacts can be mitigated and private property rights
reserved.
Policy-5.9.4 Encourage protection/restoration of ecological functions through proactive
public education and stewardship programs.
Design Elements
Policy-5.9.5 Allow development only in those areas where impacts and hazards to or
caused by the proposed development can be effectively mitigated and
where the environment is capable of supporting the proposed use in a
manner that protects ecological functions.
Policy-5.9.6 Minimize impacts to bluffs by requiring shoreline development to
implement appropriate stormwater techniques.
Policy-5.9.7 Protect public vista points and views enjoyed by a substantial number of
occupied residences by ensuring that new development is sensitively
located and designed. Private views of the shoreline, although considered
during the review process, are not expressly protected. Property owners
concerned with the protection of views from private property are
encouraged to obtain view easements, purchase intervening property
and/or seek other similar private means of minimizing view obstruction.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
Policy-5.9.8 Provide for public access and joint-use of recreational facilities when
permitting multi-lot developments (i.e., four or more), multi-family
residential, cottage developments and recreational facilities.
Policy-5.9.9 Provide adequate access, utilities, and public services to serve existing
needs and/or planned future development.
Development Regulations
Uses:
DR-5.9.1 The following are prohibited in the Shoreline Residential Designation:
a. Aquaculture unless associated with an approved restoration
project;
b. Industrial uses;
c. Commercial uses as a primary use (commercial uses that are
incidental to the primary residential use and are compatible with
the residential character of the neighborhood, such as home
occupations and bed and breakfast inns, may be permitted); and
d. Private stairs/trams/docks/piers and floats are prohibited while
public facilities may be permitted.
DR-5.9.2 The following uses are permitted in this designation:
a. Residential development and common appurtenances;
b. Agriculture, only as permitted by the underlying residential
zoning;
c. Water-oriented recreational uses of low-moderate intensity;
d. Public access facilities; and
e. Restoration and habitat enhancement.
DR-5.9.3 Limited non-residential uses, such as community clubhouse, day cares,
home occupation businesses, churches, and bed and breakfasts may be
allowed, provided they are consistent with the residential character and the
underlying zoning (i.e., if the underlying zoning requires a conditional use,
the proposal shall be subject to the conditional use criteria of Chapter
17.84 PTMC).
DR-5.9.4 Additional allowed, conditional and prohibited uses for the Shoreline
Residential Designation are listed in Table 5 “Shoreline Permitted,
Conditional, and Prohibited Uses and Developments” at the end of this
Chapter.
Height Limitations
DR-5.9.5 No new or expanded building or structure shall exceed a building height of
thirty (30) feet, except the height limit shall not apply to television
antennas, chimneys, flagpoles, public utilities, private residential wind-
powered generators, and similar appurtenances.
DR-5.9.6 Fill shall not be used as a means to increase the allowable height.
Setbacks
Setbacks from shoreline bluffs are subject to shoreline setbacks from the
Ordinary High Water Mark (OHWM) and to critical areas buffers from
marine bluffs (Chapter 6, Environmental Protection). Why? Because the
two have very different purposes. Shorelines setbacks protect views, while
critical areas buffers are intended to reduce the potential for personal
injury, loss of life or property damage and degradation of habitat. The
greater of the two takes precedence. An additional distinction is that,
landscaping, patios, and other at grade improvements are permitted
within a setback whereas a buffer is to remain untouched.
DR-5.9.7 Shoreline Setback: Unless otherwise excepted under DR-5.9.8 or DR-
5.9.10, permanent buildings and structures including common appurtenant
structures such as garages, decks over 30 inches above grade, and
workshops, shall be set back a minimum of fifty- (50) feet from the
ordinary high water mark. Setbacks are measured landward, on a
horizontal plane, perpendicular to the shoreline. Provided that the setback
may be further increased to retain a 15-foot setback from a critical areas
buffer associated with the presence of a wetland, geologically hazardous
area, or critical fish and wildlife habitat area. Critical areas buffers are
established in Chapter 6 Environmental Protection.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
DR-5.9.8 Exceptions from the Shoreline Residential setback include:
a. Infill of Existing Platted Lots - Where there are existing dwellings
within 50 feet on either side of the proposed building footprint, the
setback may be reduced to the average setback of those dwellings
but shall be no less than 25-feet from the OHWM (see Figure
5.9.B). In those instances where a single dwelling unit is within 50
feet of one side of the proposed building footprint, the average
setback shall be the difference (average) between the required
setback and that of the existing structure (see Figure 5.9C) but
shall be no less than 25-feet from the OHWM. In both cases, the
existing dwellings are construed to be those that are currently
occupied. The mere presence of shacks, sheds or dilapidated
buildings does not constitute the existence of a dwelling unit.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
b. Where a residential setback was established as part of the
approval of a residential subdivision, the established
subdivision setback shall take precedence.
Provided that in either case, the setback exceptions in a. and b. shall not
result in a shoreline setback that is less than any critical areas buffer
required under Chapter 6, Environmental Protection.
Note: To demarcate areas of potential hazard atop a bluff, fencing may be
permitted within the residential setback and within the critical areas
setback of a steep/marine bluff top. Fencing within the setback shall be of
open design and not taller than three feet. Footings shall be designed and
placed in a manner that does not decrease slope stability. It is
recommended, and the City may require, that property owners consult
with their engineer to examine the bluff edge for cracks or failures prior to
construction of the fencing. In general, footings should be no closer than
ten feet from the edge of the bluff and the smaller and shallower the post
hole, the better.
DR-5.9.9 Deviations from the required setback shall be reviewed on an individual
basis. A request for a deviation shall be considered a variance following
the procedures established under Section 10.7 and will be subject to the
variance review criteria established under Subsection 10.7.4 of this Master
Program.
DR-5.9.10 Developments associated with scientific, historical, cultural, educational
research uses, public access, low-moderate intensity water oriented
recreation open to the general public and ecological restoration are not
required to meet the setback requirement. However, where such
development may be approved within the setback, the placement of
structures, storage, and hard surfaces shall be limited to the minimum
necessary for the successful operation of the use.
DR-5.9.11 Removal of vegetation and topsoil is strictly regulated under the Clearing,
Grading and Vegetation Management Provisions of Chapter 9.
Design Elements
DR-5.9.12 For all residential development within shorelines jurisdiction, the area of
impervious surfaces (including parking areas but excluding required right-
of-way improvements) to be developed within shorelines jurisdiction shall
be limited by the slope of the lot as specified in the following table. In no
case shall total impervious area exceed 5,000 square feet for any one
single-family detached dwelling and accessory structures (i.e., when a
Final – 2-14-07
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
single-family home is proposed over multiple lots the total impervious
area must not exceed 5,000 square feet)1.
Slope Impervious limit (expressed as a
percentage of actual land area)
15% or less 30%
15-30 25%
Greater than 30% 20%
Areas waterward of the Ordinary High Water Mark and areas of marine
bluffs, steep slopes, and wetlands shall not be included to calculate land
area. For example, only the buildable area landward of the marine bluff
edge shall be used in the calculation.
DR-5.9.13 The shoreline administrator may grant a waiver, limited to the maximum
lot coverage requirements under Title 17 PTMC, when compliance with
the impervious limitations of this section would violate constitutional or
statutory requirements.
DR-5.9.14 A minimum of fifteen percent (15%) of the total lot area shall be retained
or replanted in native vegetation. Areas to be retained shall include the
largest contiguous, and/or most waterward blocks of native vegetation
located on site. If no areas of native vegetation remain, the vegetation
retention area shall be replanted with species native to shoreline areas of
the Quimper Peninsula. For additions and expansions of existing
developments, replanting shall be commensurate with the degree of impact
resulting from the new development.
5.10 Urban
Existing and planned uses in the Urban designation represent a variety of water
oriented and non-water oriented uses. Current zoning (C-II, General Commercial)
allows for retail businesses, professional offices, hotels, restaurants, personal
service shops, recreational uses, and upper-story residential uses. Emerging real
estate, business service and office uses are interspersed with multi-family
structures and hotels. The Port Townsend-Keystone state ferry terminal is
included in this designation.
Vehicles entering and exiting the ferry terminal mix with local traffic on Sims
Way (State Route 20) creating significant traffic pressures on this two-lane
highway. Opportunities to improve the highway are limited by natural
topography and the built environment. Between Kearny Street and the ferry
Final – 2-14-07
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
terminal, the close proximity of both the bluff and existing structures to pedestrian
and vehicular traffic discourages the development of this area as a specific
destination. However, significant water views and the bluffs provide a unique
aesthetic quality to this area.
This shoreline has been heavily modified and shoreline functions are impaired.
Restoration efforts should be encouraged through various incentives such as
factoring “restoration” in as a water-dependent use in a mixed-use project.
Purpose
The purpose of the Urban Designation is to provide for commercial and
recreational uses, limited residential and transient uses and public land uses while
seeking opportunities for protection and restoration of ecological functions.
Because few water-dependent or water-related uses are appropriate in this
location, to be consistent with the policy of the Act, shorelines within the Urban
designation should be used in ways that enhance ecological functions and/or
provide opportunities for the public use and enjoyment of this shoreline.
Designation Criteria
The Urban Designation is appropriate for areas that currently support or are
planned for general commercial development. The Urban Designation is located
landward of the ordinary high watermark.
Areas Designated
Description
The Urban designation includes:
a. Areas east of Boat Haven Marina and west of the downtown Historic Overlay
District, landward of the ordinary high water mark.
b. Kah Tai Care Center on the east side of Kah Tai Lagoon.
Rationale
These areas are zoned for commercial uses and existing land use consists of
commercial and high intensity residential uses.
Management Policies
Uses
Policy 5.10.1 Give priority to water-oriented uses over non-water-oriented uses.
Policy 5.10.2 Encourage uses that enhance ecological functions and/or enhance
opportunities for the public use and enjoyment of this shoreline.
Design Elements
Policy 5.10.3 Coordinate and design uses in this area to be compatible with existing and
future ferry operations (e.g. navigation and circulation patterns should be
coordinated).
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
Policy 5.10.4 Ensure that, where applicable, improvements within this district are
reviewed for compatibility and consistency with the C-II Design Standards
codified in the PTMC zoning code and, for project’s fronting SR-20, the
design recommendations in the Gateway Development Plan.
Policy 5.10.5 Encourage designs that incorporate conservation and restoration elements,
such as restoration of intertidal habitat, shoreline vegetation, and
enhancement of public access.
Policy 5.10.6 Require, where applicable, new development and/or redevelopment to
include environmental cleanup (e.g., removal of contaminated soils) and
restoration of the shoreline in accordance with state and federal
requirements.
Public Access
Policy 5.10.7 Protect view corridors identified in Appendix B through appropriate
design (e.g., modulation of building heights and massing) of new
development. Designs shall protect views of the water and the bluff as
viewed from onshore and from offshore.
Policy 5.10.8 Seek a public pedestrian walkway system along the Urban waterfront
utilizing a combination of natural beaches, pathways, piers, wharves,
street-ends, sidewalks, stairways, or other improvements. Although it may
not be feasible for the walkway system to be continuous throughout the
entire area, it should promote quality pedestrian access to and along major
portions of the waterfront. The street-ends of Thayer, Decatur, Kearney,
Gaines, Scott, Walker, and Calhoun Streets should, at a minimum, become
developed access points to the shoreline. Linkage between these street-
ends should be determined by the physical characteristics of the
shorelines, existing development patterns, potential for structural
improvements, and other factors relevant to developing a continuous
pedestrian system.
Policy 5.10.9 Encourage designs that enhance pedestrian traffic without impeding
vehicular traffic through the use of paving textures, fencing, landscaping,
and signage that makes a greater distinction between automobile traffic
and pedestrian circulation systems.
Policy 5.10.10 Ensure that new development acknowledges and continues the continuity
of the street façade and the predominance of ground-level street-front
retail bays along Water Street and encloses or otherwise conceals parking
facilities.
Development Regulations
Uses
DR-5.10.1 The following are prohibited in the Urban Designation:
a. Aquaculture unless associated with an approved restoration
project
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
b. Industrial uses
c. Warehouse, storage and mini-storage
d. Auto, truck, trailer and recreational vehicle rental, towing,
servicing, repair or sales
e. Major recycling facilities
f. Radio and television towers as a primary use
DR-5.10.2 Development that can be classified as a water-dependent, water-related or
water-enjoyment use shall be permitted unless specifically prohibited.
DR-5.10.3 A limited range of non-water-oriented development, open to the general
public, while not preferred, may also be authorized as a conditional use
provided said development:
a. Conforms with the criteria set forth for conditional uses in
Chapter 10;
b. Use is compatible with adjacent water-oriented uses;
c. Is designed and located in manner that capitalizes on shoreline
views and is compatible with water-oriented uses; and
d. Makes provisions for the public access and enjoyment
consistent with this Master Program.
DR-5.10.4 Multi-family residential or transient accommodation (hotel and motel)
uses may be permitted as a conditional use provided they meet the
requirements for non-water oriented uses listed above and further that said
use meets the following terms:
a. Public access and enjoyment shall be the primary design
consideration. Private and public space shall be appropriately
separated through sensitive design.
b. A maximum of 50% of total floor area may be devoted to
residential and/or transient accommodations unless waived by
Section G below.
c. The remaining 50% of total floor area must be either all water-
oriented or a mix of water-oriented and certain non-water oriented
uses as follows:
i. No less than 25% of the total floor area of the
development shall be devoted to water-oriented uses except
as provided for in DR 5.10.4(g) below.
ii. The remaining 25% of the total floor area shall be devoted
to non-water oriented uses accessible to the general public
(e.g., retail, personal services, recreational and cultural uses)
excluding transient accommodations.
d. Uses may be placed in either a horizontal arrangement (e.g.,
commercial on ground floor with residential above) or a vertical
arrangement either attached or detached within close proximity
(e.g., commercial and residential buildings placed within 25-feet of
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
The Historic Waterfront is the historic commercial area of downtown Port
Townsend. This area includes many non-water-oriented commercial uses as well
as historic structures that have been built on fill placed in the shoreline area.
Existing land uses include specialty shops and services, upper floor residential,
restaurants, hotels, government offices, cultural resources, community-oriented
buildings, public recreational uses and open space. On-street parking is also a
dominant visual feature of the area.
The development patterns of Port Townsend’s historic downtown were predicated
on the orientation of buildings located along the shoreline towards Water Street.
The absence of adequate access to the rear of these buildings is evidenced by the
loading/unloading of commercial deliveries from the center of Water Street. This
lack of rear access also hinders the adaptive reuse of historic buildings as modern
building codes require two-points of egress for life-safety for most uses. As noted
in Section 5.6 Aquatic, the City is committed to maintaining the continued
viability of historic buildings along the shoreline. The establishment of an over-
water walkway or multiple walkways that allow for emergency egress is a key
component towards maintaining this viability.
Purpose
The purpose of the Historic Waterfront Designation is to protect historic
resources, provide for continued commercial uses that are consistent with the
historic character of the area, including those that are not water-oriented, while
protecting existing ecological functions, restoring ecological functions in areas
that have been previously degraded, and enhancing public access to the shoreline.
The Historic Waterfront is an ideal area to encourage water-enjoyment uses.
The following identifies the objectives for the Historic Waterfront Designation in
order of importance:
a. Protect the historic resources of Port Townsend while minimizing
the impact to critical areas and natural shoreline processes;
b. Accommodate the functional re-use of historic structures; and
c. Ensure that the impacts associated with the continued use of
historic structures on the shoreline results in no net loss of
ecological functions.
Designation Criteria
The Historic Waterfront Designation is the area within the National Landmark
Historic District largely occupied by the collection of historic late 19th-century
brick and stonework commercial buildings.
Areas Designated
Description
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
The Historic Waterfront designation includes areas landward of the ordinary high
water mark that are within the C-III Historic Commercial zoning district.
Rationale
This is a collection of historic buildings, in a designated Landmark Historic
District, that provide the commercial and social center of Port Townsend.
Management Policies
Uses
Policy 5.11.1 Encourage a mixture and variety of uses and activities in the Historic
Waterfront Designation, particularly those that:
a. Preserve and restore the historic character of Port Townsend.
b. Support and reinforce the design and architectural qualities of the
Water Street National Historic District when located within or
adjacent to its boundaries.
c. Provide an opportunity for the public to actively or passively enjoy
the community's waterfront amenity.
d. Provide a physical link or connection open to the public between
the upland and the shoreline.
e. Are water-oriented uses or are accessory to, complimentary to or
support water-oriented uses.
f. Enhance the character and flavor of the Port Townsend urban
waterfront.
Policy 5.11.2 Maintain and enhance the historic waterfront character of the district by
prohibiting incompatible uses and requiring compliance with historic
district design review standards.
Policy 5.11.3 Encourage rehabilitation, renovation, and adaptive reuse of upper floors of
historic buildings (e.g. for artist studios, permanent housing, and office
space) so as to contribute to the vitality of the area.
Design Elements
Policy 5.11.4 Allow development only in those areas where impacts and hazards caused
by the proposed development can be effectively mitigated and where the
environment is capable of supporting the proposed use in a manner that
protects ecological functions.
Policy 5.11.5 Encourage conservation and restoration projects, such as restoration of
intertidal habitat and enhancement of public access.
Policy 5.11.6 Protect view corridors identified in Appendix C through appropriate
design (e.g., modulation of building heights and massing) of new
development. Designs shall protect views of the water and the bluff as
viewed from onshore and from offshore.
Policy 5.11.7 Ensure that new development provides visual and physical public access,
consistent with constitutional and statutory limitations, unless such access
is shown to be incompatible due to reasons of safety, security, or impact to
the shoreline. In lieu of on-site improvements, the Shoreline
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
Administrator may allow for off-site improvements if said improvements
would provide a greater public benefit (WAC 173-26-221 (4)(c) and (d)).
Policy 5.11.8 Implement aesthetic objectives by means such as compliance with the
City’s sign control regulations (Chapter 17.76 PTMC), appropriate
development siting, screening, and architectural standards as implemented
through the City’s historic design review standards (Chapter 17.30
PTMC), and locally appropriate landscaping.
Policy 5.11.9 Seek a public pedestrian walkway system along the Historic Waterfront
Designation utilizing a combination of natural beaches, pathways, piers,
wharves, street-ends, sidewalks, stairways, or other improvements.
Although it may not be feasible for the walkway system to be continuous
throughout the entire area, it should promote quality pedestrian access to
and along major portions of the waterfront. The street-ends of Tyler,
Adams, Quincy, and Monroe Streets should, at a minimum, become
developed access points to the shoreline. Linkage between these street-
ends should be determined by the physical characteristics of the
shorelines, existing development patterns, potential for structural
improvements, and other factors relevant to developing a continuous
pedestrian system.
Policy 5.11.10 Implement ecological and aesthetic objectives by restoring native
shoreline vegetation where feasible, including at developed street ends
and/or public shoreline access points.
Development Regulations
Uses
DR-5.11.1 The following are prohibited in the Historic Waterfront Designation:
a. Aquaculture unless associated with an approved restoration project
b. Industrial uses
c. Warehouse, storage and mini-storage
d. Auto, truck, trailer and recreational vehicle rental, towing,
servicing, repair or sales
e. Major recycling facilities
f. Radio and television towers as a primary use
DR-5.11.2 Unless otherwise prohibited by this Chapter, development that can be
classified as a water- dependent, water-related or water-enjoyment use
shall be permitted provided that the development is designed and operated
in a manner that is compatible with the character of this Landmark
Historic District.
DR-5.11.3 Non-water-oriented development may also be permitted provided said
development is designed and located in a manner compatible with the
Landmark Historic District and water-oriented uses and, furthermore, that
said development makes provisions for the public access and enjoyment
consistent with this Master Program.
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Chapter 5 - Shoreline Environments, Sections 5.7 to 5.11
DR-5.11.4 Residential or transient accommodations (hotel and motel) are primary
uses and may be allowed as a permitted use, provided that each of the
following conditions is met.
a. Residential and transient accommodations shall not occupy any
portion of the ground floor of any buildings. Accessory uses, such
as lobbies, which provide services or access to residential or
transient accommodations are allowed on the ground floor.
b. The ground floor shall be reserved on a continuous basis for
commercial retail or service uses open to the general public and
permitted by the underlying zoning.
DR-5.11.5 Additional permitted, conditional and prohibited uses for the Historic
Waterfront Designation are listed in Table 5 at the end of this Chapter.
DR-5.11.6 Improvements within the Historic Waterfront are subject to design review
to ensure compliance with the design guidelines for the Historic Overlay
District as codified in the Port Townend Municipal Code.
DR-5.11.7 New structures or exterior alterations of existing structures shall not
detract from the design and architectural integrity of the Water Street
Historic District. Plans for development shall include exterior elevations
with enough design details to be evaluated by appropriate historic
preservation agencies.
DR-5.11.8 New uses and developments must demonstrate consistency with the
Historic Waterfront management policies of this master program
Height Limit
DR-5.11.9 New or expanded structures are subject to the specific height limits of the
Special Height Overlay District codified in Chapter 17.28 of the Port
Townsend Municipal Code (see Appendix C).
Setbacks
(For restoration of existing non-conforming buildings, see
Chapter 11.)
DR-5.11.10 Water-dependent uses require no setback. All other new development
shall be setback a minimum of 25-feet from the ordinary high-water mark
with the following exceptions:
a. Interconnected walkways that facilitate a second point of egress to
achieve life/safety code compliance to facilitate adaptive reuse of
shoreline buildings shall be permitted in cases where no feasible
alternative exists. Although the primary purpose of these
walkways shall be to facilitate emergency egress, opportunities for
their use to enhance public access along the shoreline shall be
evaluated and where appropriate, permitted. Elevated walkways
and decks shall not inhibit public access to or use of the beach
unless no other alternative exists for meeting life/safety codes.
b. Decks and balconies may be permitted on upper floors, provided
that the applicant can demonstrate that the proposed improvements
will not adversely impact public use of the shoreline or the
ecological functions, values, and resources of the shoreline.
Final 2-14-07
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Chapter 5.12 Boat Haven
5.12 Boat Haven Marina and Marine Trades District
The Boat Haven Marina and Marine Trades District (the "Boat Haven District") is
a district that encompasses commercial and recreational moorage for about 400
boats, as well as predominantly water-oriented industrial, commercial and retail
structures and uses. A section of the Larry Scott Memorial Trail also lies within
this District. The Boat Haven marina, owned and operated by the Port of Port
Townsend, is a 19-acre rectangle surrounded by a riprap breakwater. Benedict
Street Spit separates the existing in-water moorage at Boat Haven into two basins.
One privately owned parcel lies within the Port-owned properties at the Boat
Haven.
The northeastern basin, approximately 4-acres in size, serves water-dependent
commercial operations with moorage for approximately 50 vessels. In the mid-
80s, the northeast basin was home to approximately 50 commercial fishing
vessels. Market conditions have caused that number to dwindle to approximately
10 commercial fishing vessels today, resulting in increased recreational vessel use
of the northeastern basin. The northeast basin is a transitional area that serves as a
gateway between the urban waterfront commercial uses to the east, and the water-
dependent and water-related marine trades uses in the main basin.
The majority of the recreational moorage and water-dependent and water-related
commercial facilities within the district are located in the approximately 15-acre
main basin situated on the southwestern side of the Benedict Street Spit, where
approximately 350 vessels are moored. There is an existing fuel float, sanitary
pump-out facility, and transient moorage float adjacent to the Benedict Street spit,
as well as a public boat launch.
Prior to development, the entire Boat Haven area, including areas that now lie
outside the shoreline jurisdiction, was a small bay that adjoined Port Townsend
Bay. Significant filling beginning in the 1800’s created the present upland area
known as Boat Haven Industrial Park. Uplands areas within the shoreline
jurisdiction are used primarily for water-related uses including: boat storage, boat
building, repair, sales and service; a commercial fish processing operation, a yacht
club; a U.S. Coast Guard station, and marine-related offices and manufacturing.
Some of the water-enjoyment and non-water-oriented uses at the Boat Haven
occur outside the 200 foot shoreline jurisdiction, and include a wide range of uses
including: a restaurant; offices; manufacturing; a County household hazardous
waste facility; and an assortment of other commercial retail and professional
businesses. Current zoning allows for small restaurants of up to 1,500 square feet.
1 A number of these upland uses are nonconforming (as of 2005) under the
1 The small restaurants located at The Boat Haven serve the public, recreational boaters, and employees
working within the district.
Final 2-14-07
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Chapter 5.12 Boat Haven
marine-related manufacturing (M-II(A)) zoning which is applied to upland
portions of the Port's property at the Boat Haven. Though also applied to areas
outside the shoreline jurisdiction, the 2005 M-II(A) zoning district states that it is
intended for larger scale and more intensive water-dependent and marine-related
uses.
The Port of Port Townsend plans a deep-water expansion of the marina.
Approximately 200 new slips would be added. A new work pier and docks would
be constructed in the expanded basin. The Port's preferred alternative is a deep-
water expansion and upland redevelopment alternative for the marina expansion.
It should be acknowledged, however, that additional input from the U.S. Army
Corps of Engineers, as well as the National Marine Fisheries Service (NMFS),
could result in changes to the preferred alternative (please refer to alternative #2,
page III-18-22, and Figure 3-2 within the Comprehensive Scheme of Harbor
Improvements Update 2003 & Environmental Impact Statement: December 2,
2003).
Purpose
The overall purpose of the Boat Haven Marina and Marine Trades District is to
provide for a variety of water-oriented uses, with a primary focus on water-
dependent and water-related activities and uses including recreational boating,
manufacturing, assembly, haul out and repair. It is intended to support larger
scale and intensive water-dependent or marine-related uses and activities that are
critical to maintaining and building upon Port Townsend's marine trades
businesses. Though the district's focus is upon water-dependent and water-related
activities, an appropriate mix of water-enjoyment and limited non-water-oriented
uses is appropriate within the northeastern portion of the district to serve as a
transitional gateway between the urban waterfront commercial uses to the east,
and the water-dependent and water-related uses in the remainder of the Boat
Haven.
Designation Criteria
The Boat Haven Marina and Marine Trades District is that area that is used for or
designated as marine-related, high intensity commercial and industrial uses, or
areas suitable or planned for high-intensity water-dependent and water-related
uses necessary to commerce, transportation, boat-building or navigation at the
Boat Haven Marina. These areas reflect the following characteristics:
a. Land which is either currently accommodating high-intensity
commercial or industrial uses or is designated for such uses;
b. Significant modifications to the shoreline have occurred;
c. Existing or proposed high-intensity commercial or industrial uses;
Final 2-14-07
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Chapter 5.12 Boat Haven
d. Few environmental limitations to development are present, such as steep
slopes, or landslide hazard areas.
Areas Designated
Description
The Boat Haven Marina and Marine Trades District includes:
The developed shoreline and harbor areas of the Boat Haven Marina, from outer
jetty inland, but not past Washington, Jefferson or Benedict Streets. The district
also includes areas east to Thayer Street. The western boundary of the district lies
at the end of intense development and does not include the adjacent natural and
wetland areas owned by the Port of Port Townsend.
Rationale
This is an established marina operated by the Port of Port Townsend and used for
recreational, commercial and industrial marine activities.
Management Policies
Policy 5.12.1 In regulating uses in the Boat Haven District, distinguish between the
main boat basin and the northeast boat basin areas as follows:
a. Prohibit water-enjoyment and non-water-oriented uses within the
main boat basin. First priority should be given to water-dependent
uses, second priority to water-related uses, and third priority to
public access uses (i.e., including associated facilities such as public
restrooms, benches and signage).
b. Within the northeast boat basin, first priority should be given to
water-dependent, water-related, and water-enjoyment uses
(including public access uses), second priority to non-water-
oriented uses combined with water-dependent or water-related uses,
and third priority to a limited range of non-water-oriented use as
specified in Table 5.12-1.
Policy 5.12.2 Provide for high-intensity water-dependent and water-related commercial
and industrial uses within the Boat Haven District, while protecting
existing ecological functions. Non-water-dependent industrial uses should
be located outside the shoreline jurisdiction
Policy 5.12.3 Preserve and protect existing water-dependent and water-related uses,
especially marine trades, as critical elements of the traditional and current
Final 2-14-07
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Chapter 5.12 Boat Haven
economy of the city, as well as elements that define the character of the
community.
Policy 5.12.4 Permit as conditional uses water-enjoyment uses and a limited range of
non-water-oriented uses within the northeastern basin subdistrict as
described in the "Uses and Subdistricts" section of this chapter, provided
that such uses are found to be compatible with, and supportive of,
preferred water-dependent and water-related uses. This policy is intended
to acknowledge the existence of a transition zone between the urban
waterfront district lying to the east of Thayer Street and north of
Washington Street, and the more intensive water-dependent and water-
related industrial uses within the main basin sub-district.
Policy 5.12.5 Permit water-enjoyment public access uses (i.e., including associated
facilities such as public restrooms, benches and signage) as third priority
uses within the main boat basin, and first priority uses within the northeast
boat basin, consistent with management policy 5.12.1, above.
Policy 5.12.6 Maintain the existing, and expand the future, base of water-dependent and
water-related industrial activities within the Boat Haven District,
particularly in those areas lying in the main basin sub-district.
Policy 5.12.7 Support the Port's preferred alternative for the proposed marina expansion
by including the deep-water expansion area in the map designation for the
Boat Haven District. Work with the Port to foster a marina expansion and
upland development that achieves the goals of the priority uses for the
Boat Haven District and supports the long-term viability of marine trades.
Policy 5.12.8 Encourage the Port to manage liveaboards situated within the marina in a
manner that ensures the use:
a. Will not result in the marina exceeding federal or state water
quality standards;
b. Will meet the “no net loss” policy for ecological functions; and
c. Will not inhibit the long-term viability of priority uses (i.e.,
water-dependent and water-related uses).
Design Elements
Policy 5.12.9 Locate, design, construct and operate industrial and port facilities to
minimize unnecessary conflicts with and impacts to adjacent, non-
industrial land or water uses to the extent practicable, given the intended
use and zoning as a Port industrial facility.
Final 2-14-07
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Chapter 5.12 Boat Haven
Policy 5.12.10 Preserve water-dependent and water-related uses, enhance publicly
oriented recreational uses along the shoreline, and foster compatible
marine-related uses in adjacent upland areas of the Boat Haven.
Policy 5.12.11 Require new development to provide physical and visual access to
shorelines whenever possible and consistent with constitutional and
statutory limitations, provided such access does not interfere with
industrial operations or endanger public health and safety. In lieu of on-
site improvements, the Shoreline Administrator may allow for off-site
improvements if said improvements would provide a greater public benefit
(WAC 173-26-221 (4)(c) and (d)).
Policy 5.12.12 Maximize efficient use of areas within the Boat Haven District for water-
dependent and water-related uses before contemplating expansions to the
district. Ensure that any future expansions to the district are subject to
adequate environmental review, and that identified impacts are fully
mitigated to achieve "no net loss" of environmental functions and values.
Policy 5.12.13 Promote compatibility with the priority uses within this district. Encourage
the Port of Port Townsend to give first priority to water-oriented uses
when leasing spaces or areas immediately adjacent to the shoreline
jurisdiction.
Policy 5.12.14 Allow uses that adversely impact the ecological functions of critical
saltwater and freshwater habitats only where necessary to achieve the
objectives of RCW 90.58.020 (Legislative findings—State policy
enunciated – Use preference), and then only when their impacts are
mitigated according to the sequence described in WAC 173-26-201(2)(e)
as necessary to assure "no net loss" of ecological functions. Where
applicable, new development shall include environmental cleanup and
restoration of the shoreline in accordance with state and federal
requirements consistent with constitutional or statutory limitations on the
regulation of private property.
Policy 5.12.15 Work with the Port to identify opportunities for restoration and encourage
conservation in the Boat Haven Marine Trades environment, such as
preservation of water quality and enhancement of public access.
Over-water Structures
Policy 5.12.16 Allow new over-water structures only for water-dependent uses, public
access, or ecological restoration.
Policy 5.12.17 Minimize environmental impacts of new overwater structures within the
marina through selection of appropriate design and materials.
Final 2-14-07
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Chapter 5.12 Boat Haven
Environmental Protection
Policy 5.12.18 Design and manage shoreline uses and modifications within the Boat
Haven designation consistent with the Environmental Protection policies
and regulations of Chapter 6 including, but not limited to, preservation of
water quality, natural hydrographic conditions, and safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration.
Development Regulations
Uses and Sub-Districts
DR- 5.12.1 Only water-dependent uses, public access, or ecological restoration shall
be permitted on new over-water structures.
DR- 5.12.2 Recognize the different characters of the Boat Haven's two sub-districts:
a. Main Boat Basin Sub-District (See Shorelines Designation Map
Appendix A). This area includes the areas within the shoreline
jurisdiction from 75 feet west of the Benedict Street right-of-way
west to the end of the developed portion of the Port property, and
encompasses the approximately 15-acre main boat basin that
provides moorage primarily for recreational boaters. This area also
encompasses the majority of the water-dependent and water-related
commercial and industrial uses and activities occurring at the Boat
Haven. Uses are prohibited, permitted, or may be conditionally
permitted within the main boat basin sub-district as follows:
i. The following uses are prohibited:
1.) Residential (except liveaboards in the existing marina,
which are a permitted use, subject to Port policy and
state and federal regulations);
2.) Transient accommodations (hotel and motel).
ii. The following uses are permitted:
1.) Water-dependent uses;
2.) Water-related uses; and
3.) Public access uses provided that they shall be designed
and located to be compatible with the operation of the
Boat Haven marine-trades.
4.) Though not preferred, a small-scale marina-serving
grocery/deli (i.e., not exceeding 1,500 gross square
feet) may be permitted conditionally within the main
Final 2-14-07
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Chapter 5.12 Boat Haven
boat basin sub-district, if found to be compatible with,
and beneficial to, preferred uses within the sub-district.
b. Northeast Boat Basin Sub-District (See Shorelines Designation Map
Appendix A). This area includes the areas within the shoreline
jurisdiction from 75 feet west of the Benedict Street right-of-way
eastwards to Thayer Street, and encompasses the approximately 4
acre northeast boat basin that serves commercial fishing operations
as well as recreational boaters. Principal existing uses lying
waterward of the OHWM within this sub-district include: Port
offices on the west side of Benedict Street; a commercial fish
processing operation; a yacht club; and a restaurant. Uses are
prohibited, permitted, or may be conditionally permitted within the
northeast boat basin subdistrict as follows:
i. The following uses are prohibited:
1.) Residential (except for liveaboards, which are a
permitted use, subject to Port policy and state and
federal regulations); and
2.) Transient accommodations (hotel and motel).
ii. The following uses are permitted:
1.) Water-dependent uses;
2.) Water-related uses;
3.) Water-enjoyment public access uses, provided that
they shall be designed and located to be compatible
with the operation of the Boat Haven Marina; and
4.) Other water-enjoyment uses, provided that water-
enjoyment restaurant uses shall be limited to a total of
2 (not to exceed 3,500 square feet per restaurant or a
combined total of 5,000 s.f.), and provided further that
any such restaurant use be designed to take advantage
of shoreline views and incorporate outdoor seating
areas that are compatible with shoreline public access.
iii. The following uses may be permitted conditionally,
provided that they are not incompatible with the preferred
uses within the subdistrict:
Final 2-14-07
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Chapter 5.12 Boat Haven
1.) One marina-serving grocery/deli, not to exceed 1,500
s.f., designed primarily to serve marina users and
employees;
2.) One non-water-oriented business/professional office
located on the west side of Benedict Street (not to
exceed 1,500 gross square feet); and
3.) Non-water-oriented uses as part of a development
which also includes water-dependent or water-related
uses, provided non-water-oriented uses do not exceed
20% of the gross square footage of the development,
and provided further that they are compatible with
adjacent water-oriented uses and public access
improvements. Although water-enjoyment uses
(subject to the limitations of this section) may be
included in the mix, water-dependent or water-related
uses are required as part of the development.
Height Limit
DR- 5.12.3 No new or expanded building or structure shall exceed a building height of
thirty-five (35) feet.
DR- 5.12.4 There is no specific setback from the ordinary high water mark (OHWM)
of the marina. From the OHWM of Port Townsend Bay, the setback shall
be a minimum of twenty-five (25) feet for non-water-dependent uses or, as
needed to preserve/provide public access whichever is greater.
Table 5.12-1. Boat Haven Marina and Marine Trades District: Permitted,
Conditional and Prohibited Uses and Developments.
BOAT HAVEN MARINA & MARINE TRADES DISTRICT: SHORELINE
ENVIRONMENT DESIGNATION
Standards &
Uses
Main Boat Basin
Sub-District
Northeast Boat
Basin Sub-
District
Applicable
Regulations/Notes
Development
Standard:
Setbacks from OHWM
for nonwater-
dependent uses1
Height Limit
0 from marina; 25 ft.
from PT Bay
35 ft. per RCW
Same as Main Boat
Basin Sub-District
None.
Specific Shoreline Uses:
Advertising Signs
•
P
P
Section 8.2 and as
further regulated by
Chapter 17.76 PTMC
“Signs”
Agriculture
X
X
None.
Aquaculture:
• For Restoration;
• Mechanical
Geoduck Harvest2
• Seafood
Culturing,
Harvesting and
Processing
P
N/A
P (uplands)
P
N/A
P (uplands)
Section 8.3.
Related minor
improvements within the
adjacent Aquatic
designation necessary to
support the upland
aquacultural use shall
also be permitted (e.g.,
small scale water intakes
and clean water outfalls).
Artwork
Major
Minor
P
P
P
P
Boat Launches
P
P
Section 8.5.
1 No setback is required for public access improvements or for water-dependent uses where
allowed by the designation. 2 In DNR tracts only. Prohibited elsewhere.
Final – 2-14-07 Page 48
BOAT HAVEN MARINA & MARINE TRADES DISTRICT: SHORELINE
ENVIRONMENT DESIGNATION
Standards & Uses Main Boat
Basin Sub-
District
Northeast Boat
Basin Sub-
District
Applicable
Regulations/Notes
Shoreline Commercial Uses - Generally3:
• Water-dependent
commercial;
• Water-related
commercial;
• Water-enjoyment
commercial;
• Non-water oriented
commercial
P
P
X
X
P
P
P (See notes)
X(3)
See DR 5.12.2
(Provided that water-
enjoyment restaurant
uses shall be limited to
2,and shall not exceed a
combined total of 5,000
gross s.f.)
Shoreline Commercial Uses - Specific Exceptions:
Business/Professional
Offices, Non-Water
Oriented
X
X (except CU on the
west side of Benedict
St.)
See DR 5.12.2
One non-water oriented
business/professional
office, not exceeding
1,500 gross s.f. may be
located on the west side
of Benedict St. in the
Northeast Basin Sub-
District.
Other Non-Water
Oriented Uses as Part
of Development which
also contains water-
dependent or water-
related uses
X
CU
See DR 5.12.2
Non-water oriented
business and professional
offices uses may be
permitted as part of
development which also
contains water-
dependent or water-
related uses within the
Northeast Basin Sub-
District, provided they do
not exceed 20% of the
gross s.f. of the
development and that
they are compatible with
adjacent water-oriented
uses and public access
improvements.
3 Refer to "Shoreline Commercial Uses - Specifically" for exceptions.
Final – 2-14-07 Page 49
BOAT HAVEN MARINA & MARINE TRADES DISTRICT: SHORELINE
ENVIRONMENT DESIGNATION
Standards & Uses Main Boat
Basin Sub-
District
Northeast Boat
Basin Sub-
District
Applicable
Regulations/Notes
Shoreline Commercial Uses - Specific Exceptions, continued:
Restaurants, Water-
Enjoyment
X
P
See DR 5.12.
Water-enjoyment
restaurant uses shall be
prohibited in the Main
Basin Sub-District, and
permitted in the Northeast
Basin Sub-District, except
that their number shall be
limited to 2, and shall not
exceed a combined total
of 5,000 gross s.f.
Marina-Serving
Grocery/Deli
CU
CU
See DR 5.12.2
Up to one marina serving
grocery/deli, not to
exceed 1,500 gross s.f,
may be permitted
conditionally in each sub-
district if found to be
compatible with, and
beneficial to, preferred
shoreline uses.
Other Specific Shoreline Uses, Continued:
Docks, Piers and
Floats
P
P
Section 9.4
Dredging: unless
otherwise specified
below:
• Dredging for an
existing legally
established water-
dependent use;
• Dredging for
approved ecological
restoration
CU
P
P
CU
P
P
Section 9.5
Maintenance dredging
may be exempt, however,
dredging that alters the
location, depth or width of
the previously dredged
area shall require a new
permit.
Final – 2-14-07 Page 50
BOAT HAVEN MARINA & MARINE TRADES DISTRICT: SHORELINE
ENVIRONMENT DESIGNATION
Standards & Uses Main Boat
Basin Sub-
District
Northeast Boat
Basin Sub-
District
Applicable
Regulations/Notes
Other Specific Shoreline Uses, Continued:
Dredge Spoil Disposal
CU
CU
Section 9.5.
Industrial and Port
Facilities:
• Water-dependent;
• Water-related;
• Non-water oriented
P
P
X
P
P
X
Section 8.7.
Landfills
CU
CU
None.
Marinas
P
P
None.
Mining
X
X
None.
Parking:
• Associated with an
Approved Use; and
• As a Primary Use
P
X
P
X
None.
Public Access
P
P
See DR 5.12.2.
Public access uses shall
be designed and located
to be compatible with the
operation of the Boat
Haven.
Recreation Facilities:
• Water-Dependent;
• Nonwater-
Dependent:
• High Intensity;
• Moderate
Intensity;
• Low Intensity
P
X
P
P
P
X
P
P
See DR 5.12.2.
Final – 2-14-07 Page 51
BOAT HAVEN MARINA & MARINE TRADES DISTRICT: SHORELINE
ENVIRONMENT DESIGNATION
Standards & Uses Main Boat
Basin Sub-
District
Northeast Boat
Basin Sub-
District
Applicable
Regulations/Notes
Other Specific Shoreline Uses, Continued:
Residential
X
X
See DR 5.12.2.
Liveaboards in the
existing marina are a
permitted use, subject to
Port policy and state and
federal regulations.
Scientific, Cultural
and Education
P
P
Section 8.14
Shore Defense Works:
• Bulkheads;
• Revetments
CU
CU
CU
CU
Section 9.7.
Signs Interpretive/
Educational
P
P
Section 8.2.
Transportation
Facilities:
• Water-Dependent;
• Water-Related;
• Water-Enjoyment
• Non-water oriented
• Roads
P
P
P
P
P
P
P
P
P
Section 8.15.
Transient
Accommodations
(hotel or motel)
X
X
See DR 5.12.2.
Utilities:
• Primary; and
• Accessory
X
P
X
P
Section 8.16.
Final – 2-14-07 Page 52
P = May be permitted (i.e., allowed) subject to Substantial Development Permit conditions and
provisions contained in this Master Program.
CU = May be permitted (i.e., allowed) as a conditional use.
X = Prohibited
N/A = Not applicable.
Final – 2-14-07 Page 53
Final 2-14-07
Page 54
Shoreline Environments, Section 5.13 Point Hudson
5.13 Point Hudson Marina District
Point Hudson is an area containing a marina, a portion of the privately owned
Fleet Marine, small scale marine trades, water-oriented nonprofit educational
facilities, water-oriented retail, restaurants, transient accommodations (including a
bed and breakfast, and a hotel), RV camping, and a small number of non-water-
oriented offices and artisan-craftsman work spaces all centered around the Point
Hudson Marina. Over the past 30 years, Point Hudson has become internationally
known as the home of the Port Townsend Wooden Boat Festival and the home of
small-scale, high quality marine trades craftsmen and craftswomen. Boat builders,
sail makers, kayak retailers, and other marine trades and artisans make Point
Hudson a truly unique place, and helped to attract the Northwest Maritime Center.
Point Hudson’s proximity to the Northwest Maritime Center offers tremendous
opportunity to revitalize the area in keeping with its scale and character. The
marina and most of the land at Point Hudson are owned and operated by the Port
of Port Townsend. In April of 2002, after having leased it to a private entity since
April of 1962, the Port took over operation of the Point Hudson property, which
consists of approximately 32 acres of uplands and tidelands.
Most of the buildings in the Point Hudson Marina district date from the 1930’s
when Point Hudson was used as a federal quarantine station or from the 1940’s
when Point Hudson served as a Coast Guard station and U.S. Army training base
(hereafter referred to as the Point Hudson Station Buildings) (Appendix D, Map
of Point Hudson Station Buildings). The U.S. Military deeded the majority of the
Point Hudson District, including tidelands, to the Port in 1956. Over the years
these buildings have served many purposes and their creative adaptive reuse is
one of the character defining features of this district. The Point Hudson district is
located within the Port Townsend National Landmark Historic District, but none
of the buildings is listed on the National Register.
With the ongoing and future planned public access projects, including the 1,400
linear feet of beach trail and the Port’s planned esplanade around the perimeter of
the marina basin and northeast shoreline, Point Hudson has shoreline access and
view corridors of both the Cascades and the Olympic mountain ranges, and also
includes water views of Admiralty Inlet and Port Townsend Bay. Views have
also been restored by the Port’s removal of overhead wires, telephone poles and
the foghorn. The goal to create new public access and open space, to eventually
connect to the esplanade at the Boat Haven Marina, supports the vision in the
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Shoreline Environments, Section 5.13 Point Hudson
City’s Urban Waterfront Plan and is reflected in the Comprehensive Scheme of
Harbor Improvements Update, adopted by the Port in 2003. The Port is also in the
process of the total rehabilitation of the existing marina. Visual access is
impacted by the placement of recreational vehicles in the Port operated RV Park.
The RV Park provides recreational access to the shoreline to a substantial number
of people; however, for the purposes of this master program, RV camping is not
considered a water-enjoyment use. Port officials report that net revenues from the
RV Park currently keep Point Hudson financially viable, supporting water-
oriented development with the income it generates. The City recognizes real
improvement to habitat value and ecological function could result from portions
of dune areas near the sand spit being restored to more natural conditions, with
native species buffer areas to the sand spit established and protected from
trampling. The goal is to achieve the ecological restoration of the eastern point.
Purpose
The purpose of the “Point Hudson Marina” environment designation is to provide
for a variety of water-oriented uses and other limited uses appropriate to the
existence of a traditional small-scale marina, marine trades and artisan and public
use of Point Hudson, which create the character of Point Hudson. This
designation seeks to promote adaptive reuse of the existing buildings and a mix of
water-dependent and water-related uses compatible with the historic character of
the district. To promote historic preservation and encourage increased public
access and ecological restoration of the eastern point, this district also
accommodates a mix of water-oriented uses and other limited uses that promote
adaptive reuse and are compatible with the historic, marine-related character of
the area.
The Shoreline Management Act’s goals of increasing access to shorelines;
preserving scenic vistas; and protecting and restoring buildings, sites, and areas
that have historic, cultural, scientific, or educational value are all priority goals in
the Point Hudson District.
On December 19, 1994, the City of Port Townsend and the Port of Port Townsend
through Joint Resolution 94-148 adopted six goals from the draft Point Hudson
Master Plan to guide future planning and development activities in Point Hudson.
These joint goals have been incorporated into this Master Program (see General
Management Policies (1-6) below).
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
Designation Criteria
The Point Hudson Marina District environment designation encompasses Port and
private properties that are occupied by the Point Hudson marina and associated
uses including marine trades, maritime educational use, visitor-serving
commercial, recreation and moorage.
Description
The Point Hudson Marina District environment designation (“Point Hudson
District”) includes:
1. The area southeast of Hudson Place and east of Jackson Street
including the spit and the marina landward of the ordinary high water
mark.
2. All of Blocks 93 and the east half of both blocks 52 and 45, Plat of
Port Townsend Original Townsite, lying east of Monroe Street and
south of Franklin Street landward of the ordinary high water mark.
3. The property that encompasses the Northwest Maritime Center site,
Block 4 of the Port Townsend Original Townsite, bounded by Monroe
Street to the west and the Point Hudson Marina to the east, including
the vacated portions of Water and Jackson Streets.
4. The map of environmental designations contained in Appendix A
graphically depicts this district.
Rationale
Point Hudson is an established and historic marina and is used primarily for
water-oriented marine trades, limited commercial, maritime educational and
recreational activities. The uses in Point Hudson are distinct from the residential
uses to the north and the district places an emphasis on water-oriented uses as
opposed to the more general commercial uses found in the Historic Waterfront
District. The Point Hudson District lies within the Port Townsend National
Landmark Historic District.
The primary objectives of this district are to achieve a high level of rehabilitation
of existing buildings, renovate the marina, protect and restore shoreline ecological
resources, promote shoreline public access and showcase Port Townsend’s
maritime history, small-scale marine trades businesses, visitor services and
special waterfront character.
The challenge is to find ways to maintain the District’s integrity, character and
economic viability to support the needed infrastructure and public improvements
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
without undue gentrification and displacement of marine trades and maritime
educational uses.
Management Principles
Development and rehabilitation of existing buildings should be based on the
following principles:
1. Allow incremental, evolutionary changes to existing buildings and
shoreline uses, starting with current use patterns.
2. Retain long-term opportunities for water-oriented uses, such as
increasing marine-oriented uses, educational institutions and public
areas.
3. Coordinate long-term planning with the downtown, particularly in the
areas of vehicle and pedestrian circulation, visitor access, and
achieving a broad spectrum of uses, activities and attractions.
4. Coordinate boating facilities and marine-oriented activities with Boat
Haven to maximize opportunities for the recreational and commercial
boating community.
5. Recognize that Point Hudson is a unique waterfront site within the
northwest and is an important gateway into Port Townsend.
Management Policies
General
Policy 5.13.1 Pursuant to Resolution 94-148, the following general goals provide the
foundation for planning within Point Hudson:
1. Point Hudson must be financially self-supporting.
2. Protect small-scale nature.
3. Provide a high degree of public access/use.
4. Preserve the historic character.
5. Encourage the marine trades and water-oriented uses.
6. Maintain property in Port/public ownership.
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
Policy 5.13.2 Encourage the removal of RVs from Point Hudson, especially on the
point, by allowing adaptive reuses in existing buildings and new
compatible development that will generate sufficient replacement
revenues to the Port to ensure that Point Hudson remains financially self-
supporting. As part of the recurrent plan and code review and
amendments mandated under the GMA (RCW 36.70A.130), periodically
assess the status of Point Hudson and determine whether the use and
development regulations for Point Hudson are achieving their desired
effect.
Policy 5.13.3 Work with the Port of Port Townsend to identify opportunities for
restoration such as the Point Hudson sandspit and an appropriate buffer
zone for protecting and restoring ecological functions, consistent with the
ecological protection and restoration objectives of this Master Program.
Removal of pedestrian, domestic animal and automotive intrusions from
the area nearest the sand spit would facilitate enhancement of ecological
functions of that dynamic feature of the land and sea, and promote
protection of avian species like Black Brant geese.
Policy 5.13.4 Limit the size and total square footage of restaurants in order to protect
Point Hudson’s small–scale character and emphasize marine-trades as the
priority uses in this district.
Uses
Policy 5.13.5 Recognize the unique character of Point Hudson’s sub-districts:
a. Point Hudson East Subdistrict (See Shoreline Designations Map
Appendix A). This area includes buildings and open spaces that date
from the 1930’s. Water-oriented uses and a limited number of
nonconforming uses (the latter includes a number of visitor serving
uses) that are compatible with the historic character of the buildings
have successfully evolved in this subdistrict. The former lessee of
Point Hudson did not encourage the rehabilitation and reuse of existing
buildings and minor modifications to these buildings are necessary to
achieve the historic preservation goals of the community. No
additional R.V. spaces should be permitted in Point Hudson. Limited
new development and adaptive reuse of existing buildings should be
allowed within the Point Hudson East Subdistrict to encourage public
access and open space and to facilitate the revitalization and
rehabilitation of existing buildings.
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
b. Maritime Heritage Corridor Subdistrict (See Shorelines
Designation Map Appendix A ). This area, which includes the NWMC
site, should continue to support the majority of the marine trades and other
water-dependent and water-related uses located in Point Hudson, because
of its proximity to the marina and haul-out and because of the buildings’
suitability for small scale marine trades use. Limited water-enjoyment uses
are also appropriate uses in this subdistrict. Non-water-oriented uses
should be limited to minor portions of development housing a mix of uses. 1
c. Marina Subdistrict (See Shorelines Designation Map Appendix A).
This area should be dedicated to water-dependent, water-related and
public access uses only. Design and operation of the marina should
support upland marine trades. Although the marina is primarily for
transient boaters, its historic use of harboring liveaboards during the
“off season” is expected to continue.
Policy 5.13.6 Encourage and support small-scale marine trades in Point Hudson. Water-
dependent and water-related uses are priority uses in Point Hudson.
Policy 5.13.7 Increase opportunities for marine-oriented educational, public, and non-
profit uses.
Policy 5.13.8 Recognize the significance of Point Hudson to local Native American
Tribes and allow for temporary use of the shorelines for ceremonial and
seasonal use. The area north of the Commander’s House may be an
appropriate location for historic interpretation and additional public access
uses.
Design Elements
Policy 5.13.9 Preserve Point Hudson’s historic character. Encourage adaptive reuse of
existing buildings. Require new structures to be designed in a manner that
is compatible with Point Hudson’s historic character. Encourage the
rehabilitation of the original Point Hudson East buildings through adaptive
1 Point Hudson as a whole constitutes a mixed-use development. It is held under one ownership and
contains water-dependent, water-related, water enjoyment and a limited range of non-water oriented uses
often combined within one structure. It is not the intent of this Master Program to require water-dependent
uses within each building containing a mix of uses. Therefore, the terminology used herein is “mix of
uses” rather than “mixed use development” which, per WAC 173-26-201 would imply water-dependent
uses within each building.
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
reuse. Limit exterior modifications to those necessary for life/safety
improvements, building code compliance, historic restoration of buildings,
or public access improvements. Allow additions necessary to
accommodate water-oriented and adaptive reuse of existing buildings.
Policy 5.13.10 Maintain a high degree of public access within the shoreline jurisdiction at
Point Hudson (e.g., the beach trail along the shoreline). Keep Point
Hudson pedestrian friendly and support development of a water
walk/esplanade around the marina and along the northeast shoreline to
create new public access and open space. Encourage public access
amenities that are designed to respect and preserve ecological functions,
native vegetation, and the natural character of the shoreline.
Policy 5.13.11 Public view corridors in Point Hudson identified in Appendix B should be
protected and enhanced through appropriate design (e.g., modulation of
building heights and massing).
Policy 5.13.12 Keep on-site parking small scale and consistent with the provisions of
PTMC Chapter 17.72 for property within the National Register Historic
Overlay District and ADA requirements. Locate parking to efficiently
serve multiple uses. Provide convenient pedestrian access from more
distant parking areas. New or enlarged parking areas should be located
outside of shoreline jurisdiction. Parking for festivals and events should
be discouraged in the unimproved shoreline areas of Point Hudson.
Encourage transportation, parking, and pedestrian systems to be
coordinated with a comprehensive downtown system of parking and
transit services.
Policy 5.13.13 Retain the small-scale character of Point Hudson.
Policy 5.13.14 Recognize Point Hudson is a unique site within the Pacific Northwest and
is the marine gateway into downtown Port Townsend for many transient
visitors arriving by boat, and provides access to downtown for a variety of
tenants, visitors and residents.
Future Planning
Policy 5.13.15 Work in collaboration with the Port of Port Townsend to help keep Point
Hudson financially self-supporting.
Policy 5.13.16 Encourage the Port to work with the marine trades to manage the marina
in a way that best supports adopted land use designations noting the direct
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
connection between operation of the marina and the success of upland
water-dependent and water-related uses.
Policy 5.13.17 Continue to coordinate long-term planning with the historic commercial
downtown, particularly in the areas of parking, pedestrian circulation,
visitor access (transient moorage), and achieving a broad spectrum of
water-oriented uses, activities, and attractions.
Policy 5.13.18 Encourage the Port of Port Townsend, City of Port Townsend, and other
agencies and non-profit entities, as appropriate, to research and implement
a long-term stewardship strategy to manage and oversee revitalization of
Point Hudson.
Development Regulations
Uses
DR-5.13.1 Water-oriented uses are priority uses in this district.
DR-5.13.2 Except as otherwise provided, the total area of all restaurants shall be
limited to 11,000 gross square feet in the Point Hudson District. Any
single restaurant shall be limited to a maximum of 3,500 gross square feet
(excluding decks).
DR-5.13.3 Temporary festival activities are permitted uses within this district
provided said use and all associated structures and parking are located on
previously disturbed areas (i.e., undeveloped areas along Admiralty Inlet
should be protected). Temporary activities may qualify for an exemption
from a Substantial Development Permit (See Chapter 10).
Point Hudson East sub-district (see map Appendix A page 8)
DR-5.13.4 The following development, uses and activities are permitted within this
subdistrict:
a. Water-dependent, water-related, and non-commercial water-enjoyment
uses
b. Commercial water-enjoyment uses (e.g. restaurants) in existing buildings
c. Public access uses, including construction of accessory buildings
that promote public access (such as restrooms and gazebos), and
d. Adaptive reuses
i. Adaptive reuses (see Table 5.13-1 for list of allowable
adaptive reuses; other unlisted non-water-oriented uses may be
allowed by conditional use) in the following eligible buildings,
Final 2-14-07
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Shoreline Environments, Section 5.13 Point Hudson
provided they do not exceed the listed percentages: Hospital
(30%); Main Building (30%); Shower Building (30%).
ii. Modifications/additions to allow water-oriented uses or
adaptive reuse of existing structures may be permitted as
follows:
1.) Exterior modifications limited to those necessary for
life/safety improvements and/or compliance with
building codes are permitted.
2.) Additions of 10% or less of the existing square footage
are permitted.
3.) Additions of greater than 10% of the existing square
footage may be permitted as a conditional use.
e. The number of RV camping spaces and the square-footage devoted
to this use shall be limited to the 48 spaces in existence upon adoption
of this SMP update (February 14, 2007). The RV spaces waterward of
Hudson Street may be relocated to areas landward of Hudson Street
with approval of a Substantial Development Permit provided there is no
increase in the number of spaces or square-footage. RV spaces
displaced by any future development of the parade ground shall not be
replaced/relocated.
f. Transient accommodations are allowed in the Commander’s House.
DR-5.13.5 Unlisted non-water-oriented uses may be permitted as a conditional use
subject to the provisions for adaptive reuse in DR 5.13.4 (c) above.
Maritime Heritage Corridor subdistrict (see map Appendix A).
DR-5.13.6 The following developments, uses and activities are permitted within this
sub-district:
a. Water-dependent;
b. Water-related uses; and
c. One new development containing a mix of uses at the existing
Landfall site provided that the total square footage of restaurants in
this subdistrict is limited to 4000 gross square feet and that non-
water-oriented uses are: (1) limited to those listed as mixed use
(M/U) in Table 5.13-1, (2) do not exceed 20% of the structure, and
(3) are compatible with adjacent water-oriented uses and public
access improvements.
Final 2-14-07
Page 63
Shoreline Environments, Section 5.13 Point Hudson
DR-5.13.7 The following uses/activities may be permitted as a conditional use:
a. Minor expansion of existing non-water-oriented uses (i.e., transient
accommodations/caretaker’s residence at the Pilot House may be
allowed as a conditional use.
b. Exterior modifications are permitted, limited to those necessary for
life/safety improvements and/or compliance with building codes.
Marina sub-district (see map).
DR-5.13.8 This area allows only water-dependent, water-related and public access
uses. See table __ below.
Final 2-14-07
Page 64
Shoreline Environments, Section 5.13 Point Hudson
Table 5.13-1
Point Hudson Subdistricts: Permitted Conditional and Prohibited Uses and
Developments
The following table summarizes the Point Hudson subdistricts and the water-oriented and
non-water-oriented uses allowed in each:
A/R: Permitted if Adaptive Reuse of Eligible Building
M/U: Permitted in structures containing a mix of uses
P: Permitted
X: Prohibited W/O: Permitted if the use is water-oriented
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Apparel and other
finished products
manufacture and
assembly
A/R
W/O
X
Percentage limitations apply:
30% for listed eligible buildings
in Point Hudson East
subdistrict; 20% for mixed used
development.
Artwork P P C
Boat building and
related products
manufacture
W/O P X
PTMC 17.22.030, Marine-
related and manufacturing bulk,
dimensional and density
requirements. Height per 17.28
PTMC.
Boat storage facilities P P P
Same as above.
Custom, art and craft
work
A/R
W/O
or
M/U
X
Same as above.
Electrical and
electronic goods
manufacture and
assembly
W/O W/O X
For example, marine-radio
assembly/repair Same as above.
Small-scale marine-
related products
manufacture,
fabrication and
assembly
P P P
Same as above.
Boat repair
establishment
P P X
Same as above.
Final 2-14-07
Page 65
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Heavy manufacturing
not otherwise listed
X X X
Light manufacturing
or processing not
otherwise listed
W/O W/O X
Marine haul out
facilities
P P P
Same as above. Allowed only
on marina side of Point Hudson
East.
Mechanical and
electronic equipment
repair establishments
W/O W/O W/O
Same as above.
Equipment rental
service, commercial
W/O W/O X
Same as above.
Marinas X X P
Same as above.
Marine supply and
accessory stores,
chandlers
P P X
Same as above.
Mooring Buoys X P X
See Section 8.10 of this master
program.
R.V. Campgrounds -
Overnight
Recreational
P X X (except
transient
boat
moorage and
liveaboards
during the
“off season”)
The number of RV
camping spaces and square
footage devoted to its use
shall be limited to the 48
spaces in existence upon
adoption of this SMP
update (2-14-07).
Retail sale of goods
or products
manufactured on the
premises, or used in
manufacturing,
repairing, or servicing
activities which are
permitted in this
district
A/R
W/O
or
M/U
X
Same as above.
Percentage limitations apply:
30% for listed eligible buildings
in Point Hudson East
subdistrict; 20% for mixed used
development.
Final 2-14-07
Page 66
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Transient
Accommodations
X (Except for
the
Commander’s
House where
transient is
permitted)
X (Except
for
historic
Pilot’s
cottage on
Lot 5, Blk
52 of PT
Original
Townsite
where
transient
is
permitted)
X
Wholesaling of goods
or products
manufactured on the
premises
A/R
or
W/O
W/O X
Percentage limitations apply:
30% for listed eligible buildings
in Point Hudson East
Subdistrict.
Marina serving
Grocery/deli
P P X
Deli subordinate and accessory
to marina serving grocery is
permitted and is exempt from
the overall 11,000 square foot
limitation for restaurants.
Restaurants, water-
oriented (including
full service
restaurants, cafes,
coffee houses, bars,
pubs, etc.; but
excluding vending
carts permitted under
Chapter 5.32 of the
PTMC).
W/O
W/O
X (except
permitted as
A/R for
moorage
building as
an adaptive
reuse)
Maximum of 3,500 total square
feet of floor space per
establishment (excluding
decks). Overall limitation of
11,000 total gross square feet in
the Point Hudson District, and
limited to 4,000 total gross
square feet in the Maritime
Heritage Corridor Subdistrict.
For the Maritime Heritage
Corridor see DR 5.13.5(c)
Temporary Uses
(including vendor
carts, seasonal
food/beverage
service, and other
similar temporary
uses)
W/O X X PTMC 17.08.060, Uses,
Temporary, definitions.
Temporary uses allowed
provided that a shoreline permit
exemption is obtained. Such
uses are exempt from the
11,000 square foot overall
limitation for restaurants.
Final 2-14-07
Page 67
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Residential quarters
as an accessory use
P P P Residential uses are limited to
owner/caretaker quarters for a
legally established transient
accommodation (e.g. B&B,
hotel), and “winter-over” or
seasonal live-a-boards pursuant
to Port policy
Offices, business and
professional
A/R W/O
or
M/U
W/O
PTMC 17.22.030, Marine-
related and manufacturing bulk,
dimensional and density
requirements. Percentage
limitations apply: 30% for listed
eligible buildings in Point
Hudson East subdistrict; 20%
for mixed used development.
Offices, maritime
educational
W/O W/O X
Offices, government W/O W/O X
Examples of marine-related
government offices include:
U.S. Coast Guard, Department
of Fish and Wildlife and the
Port of Port Townsend; PTMC
17.22.030, Marine-related and
manufacturing bulk,
dimensional and density
requirements
Municipal and Port
improvements
P P P
Same as above.
Other facilities
designated as
essential public
facilities by the
Washington State
Office of Financial
Management
C C C
Under RCW 36.70A.200, the
siting of “essential public
facilities . . . cannot be
precluded by development
regulations . . .”; PTMC
17.22.030, Marine-related and
manufacturing bulk,
dimensional and density
requirements.
Recycling facilities,
minor
P P P
PTMC 17.22.030, Bulk,
dimensional and density
requirements.
Final 2-14-07
Page 68
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
State, regional or
other transportation
facilities
C C P
“State and regional
transportation facilities” are
considered “essential public
facilities” under RCW
36.70A.200; “. . . their siting
cannot be precluded by
development regulations . . .”;
PTMC 17.22.030, Bulk,
dimensional and density
requirements.
Stormwater retention,
detention, and
treatment facilities
P P P
PTMC 17.22.030, Bulk,
dimensional and density
requirements.
Storage, Warehousing
operations, mini-
storage facilities
X X X
Same as above.
Accessory buildings P P P
Not to be construed as covered
moorage that is prohibited.
Same as above.
Docks and piers for
pleasure craft
X X P
Same as above.
Allowed only on marina side of
Point Hudson East.
Ferry landings X P P
Same as above.
Kayak landings P P P
Parking - garages,
public parking as a
primary use
X X X
Parking as accessory
to a permitted use
P P N/A
Personal wireless
service facilities
N/A N/A N/A
Refer to Chapter 17.78 PTMC,
Personal Wireless Service
Facilities, for list of permitted,
conditional and prohibited uses
and other substantive
requirements.
Final 2-14-07
Page 69
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Public Access P P P
Public access uses are permitted
uses provided they shall be
designed and located in a
manner that is compatible with
the character and operation of
the Point Hudson marina and
associated marine trades and the
marine ecology.
Radio and television
towers
C C C
PTMC 17.22.030, Bulk,
dimensional and density
requirements; except as
provided in applicable Federal
Communications Commission
rules and regulations.
Restoration –
shoreline functions
and values
P P P
Satellite dishes,
noncommercial, and
antennas
P P P
Satellite dishes and antennas
shall meet the requirements of
PTMC 17.22.030, Bulk,
dimensional and density
requirements, except as
provided in applicable Federal
Communications Commission
rules and regulations.
Scientific, Cultural,
and Educational
W/O W/O W/O
Unlisted Water-
dependent Uses
P P P
Unlisted Water-
related Uses
P P C
Unlisted Water-
enjoyment Uses
C C X
Final 2-14-07
Page 70
Shoreline Environments, Section 5.13 Point Hudson
POINT HUDSON
SUBDISTRICT
Point
Hudson East
Maritime
Heritage
Corridor
Marina
APPLICABLE
REGULATIONS/NOTES
Unlisted Non water-
oriented uses
C
X ground
floor
C upper
floors of a
MUD
X Point Hudson East - may be
permitted as a conditional use
subject to the limitations for
Adaptive reuses (DR 5.13.4
(c)).
Maritime Heritage -Corridor –
may be permitted as a
conditional use on the upper
floors of a mixed use
development at the Landfall site
(DR 5.13.5 (c))
Final 2-14-07
Page 71
Shoreline Environments, Section 5.13 Point Hudson
Design Standards
DR-5.13.9 New development/redevelopment shall be compatible with the scale, bulk,
materials and design of the Point Hudson Station Buildings.
DR-5.13.10 New development, including construction and establishment of uses, shall
make provisions for public access consistent with this Master Program.
DR-5.13.11 Non-water-oriented development must be designed and located in manner
compatible with water-dependent and water-related uses and the operation
of the Point Hudson Marina.
DR-5.13.12 All uses and activities shall be designed and operated to be compatible
with legally established and planned uses in the adjacent district (See
Specific Use Standards, Chapter 8).
DR-5.13.13 New development shall strive to maintain/enhance key public views
including the view eastward from the end of Water Street, views across
and along the boat basin, and eastward from Jefferson Street.
DR-5.13.14 New development shall provide and/or enhance public access
commensurate with constitutional and statutory limitations and the degree
of intensity and/or impact of the project. Possible pedestrian access
amenities include the development of a pedestrian walkway around the
boat basin, improved pedestrian connections between buildings and the
boat basin, pedestrian connections to adjacent properties and the
“waterwalk” trail. See Port Comprehensive Scheme of Harbor
Improvements Update, 2003, and the preferred Alternative III (pages III
55-57.)
DR-5.13.15 Retain historic character of existing buildings. The Secretary of the
Interior’s Guidelines for Rehabilitation of Historic Structures shall be used
for modifications proposed to buildings that exceed 50 years in age or
otherwise qualify for historic status. Additional design guidelines are
contained in PTMC 17.30.140 Historic overlay district – Design Standards
and 17.30.150 Waterfront subdistrict – Additional design standards.
Height Limit
DR-5.13.16 No structure shall be erected, or altered, in any area defined in this section
to a height in excess of the limits established in the Special Height
Overlay District as codified in Chapter 17.28 PTMC (Appendix C). The
Final 2-14-07
Page 72
Shoreline Environments, Section 5.13 Point Hudson
height limit shall not apply to cupolas, water tanks, flagpoles, transmission
lines, and radio and television towers and other similar structures.
Setbacks
DR-5.13.17 There is a zero foot setback from the ordinary high water along the marina
side of Point Hudson or along the shoreline of Port Townsend Bay,
provided that buildings and structures shall be setback, as needed in
compliance with the public access requirements.
DR-5.13.18 Development within the Point Hudson East Subdistrict shall be setback a
minimum of 5-feet from Hudson Street (i.e., compatible with the setback
established by the remaining historic structures). The following limited
public access improvements may be permitted within the setback,
provided the design and placement of these structures are sensitive to the
environmental resources of the area:
a. Interpretive/cultural displays and hand launching of boats are permitted
within the setback.
b. A public access structure (e.g., gazebo/picnic shelter) may be placed
within the setback on the southerly point adjacent to the marina.
Buffering Requirements for the Point Hudson District
DR-5.13.19 Development within Point Hudson subject to a substantial development or
conditional use permit under this Master Program that is adjacent to an R-
1, R-II, or RIII zoning district shall include buffering or a greenbelt.
Buffering or a greenbelt shall include landscaping, shrubs, trees and native
vegetation as found to be appropriate depending on the impact. Such
buffering shall be planted along the common boundary and shall grow to
not more than 12 feet or less than 8 feet in height, nor less than 10 feet in
width, within five years, unless an alternate landscaping plan is approved
by the shorelines administrator that better meets the goals of this section.
DR-5.13.20 Specific landscape plans shall seek to provide an attractive vegetative
relief and screening while avoiding unnecessary blockage of views and
solar access.
DR-5.13.21 Limitations on Use – All manufacturing/industrial/commercial uses must
comply with the Noise, Light and Glare, Fire & Safety Hazards,
Interferences of 17.22.020 PTMC.
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nable use of private pr operty in” violation of
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y
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e Policy 6.6.2.
Fi
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4
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7
Pa
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b
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Hi
s
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Wa
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r
f
r
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Notes
De
v
e
l
o
p
m
e
n
t
S
t
a
n
d
a
r
d
S
e
t
b
a
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k
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r
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m
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f
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no
n
w
a
t
e
r
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d
e
p
e
n
d
e
n
t
u
s
e
s
(1
)
He
i
g
h
t
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i
m
i
t
N/
A
To
p
o
f
d
e
c
k
:
1
5
f
t
ab
o
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e
x
t
r
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m
e
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g
h
t
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e
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r
w
a
t
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r
st
r
u
c
t
u
r
e
s
:
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8
f
t
6i
n
.
a
b
o
v
e
t
h
e
de
c
k
s
u
r
f
a
c
e
.
(
2
)
20
0
f
t
25
f
t
20
0
f
t
30
f
t
50
f
t
30
f
t
25
f
t
35
f
t
(
3
)
25
f
t
He
i
g
h
t
a
s
sp
e
c
i
f
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e
d
i
n
Sp
e
c
i
a
l
H
e
i
g
h
t
Ov
e
r
l
a
y
PT
M
C
1. Shoreline setbacks are measured perpendicularly from the ordinary high water mark (OHWM) to the wall of the structure (s); PROVIDED that where a structure has not wall, the setback is measured to the post(s) or, if the structure has no posts, a point that is two (2) feet under the roof overhang measured from the drip line of the roof. No setback is required for water-dependent uses, ecological restoration/habitat enhancement, pub lic access improvements, or water-oriented recreation where allowed by the designation. However, where such development can be approved within the setback, the placement of structures, storage, and hard surfaces shall be limited to the minimum necessary for the successful operation of the use. Clearing and grading within a required shoreline setback shall only be permitted upon approval of a detailed landscape plan for revegetation, see Chapter 9, Development Regulation 9.3.6. 2. Except height limits shall not apply to flagpoles, antennas, and functional components of water-dependent uses (e.g., ramps for ferry operations, booms for haul-out facilities) may exce ed the height limit when necessary to perform their intended function. 3. New or expanded structures within the Special Height Overlay district are subject to the specific height limits of the special overlay district codified in Chapter 17.28 of the Port Townsend Municipal Code (see Appendix D).
Sp
e
c
i
f
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c
S
h
o
r
e
l
i
n
e
De
v
e
l
o
p
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t
Ad
v
e
r
t
i
s
i
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g
S
i
g
n
s
(2
2
)
P
X
P
P
P
P
22. As further regulated by the city ’s Sign Code, codified in Chapter 17.76 PTMC.
Fi
n
a
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–
2
-
1
4
-
0
7
Pa
g
e
75
Ch
a
p
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r
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l
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b
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s
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Wa
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r
f
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o
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t
Notes
Ag
r
i
c
u
l
t
u
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e
X
X
X
P (2
4
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X
X
(24) Limited to agricultural uses permitted by the underlying zoning
Aq
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u
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t
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c
h
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n
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l
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d
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k
Ha
r
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t
(4
)
Se
a
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r
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e
s
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g
P P X
P
X X
P
N/
A
X
P
N/
A
X
P
N/
A
X
P
N/
A
X
4. In DNR tracts only. Prohibited elsewhere.
Ar
t
w
o
r
k
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a
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i
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r
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(1
5
)
P (1
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X X
CU
P
P P
P P
P P
15 If associated with a permitte d use in the Aquatic designation, otherwise prohibited
Bo
a
t
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a
u
n
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s
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C
U
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(
H
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U
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(
H
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X
X X X X
X X X
X(
6
a
)
X X X
X(
6)
P P P
CU
(
6
b
)
P P P P
5. Further limited if use involves over-water structures, see Section 5.6. 6. Provided that home occupation businesses and bed & breakfasts may be allowed, provided they are consiste nt with the residential character. 6a. Except for transient accommodations at Point Wilson Lighthouse see DR 5.8.3. 6b. A limited range of non-water oriented as specified in Section 5.10.
Do
c
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s
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a
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-
X
CU
(7
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X X
N/
A
N/
A
X
N/
A
X
N/
A
7. Normal maintenance dredging may be exempt from a Substantial Development Permit and Conditional Us e, however if the dredging expands the channel or basin, even if associat ed with an established facility, the dredging requires a Conditional Use permit.
Fi
n
a
l
–
2
-
1
4
-
0
7
Pa
g
e
76
Ch
a
p
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t
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l
Ur
b
a
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Hi
s
t
o
r
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Wa
t
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r
f
r
o
n
t
Notes
de
p
e
n
d
e
n
t
u
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Dr
e
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g
i
n
g
a
s
s
o
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d
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t
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o
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t
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p
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p
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a
l
CU
(8
)
X (8
)
X
(8
)
X
(8
)
X
(8
)
X
(8
)
8. Unless associated with an approved ecological restoration/habitat enhancement project where dredge spoil disposal would be permitted.
E
c
o
l
o
g
i
c
a
l
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s
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a
t
i
o
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/
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a
b
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a
t
En
h
a
n
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t
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P
P
P
P
P
In
d
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l
a
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d
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n
-
w
a
t
e
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o
r
i
e
n
t
e
d
CU
/
A
U
X X
X X X
X X X
X X X
X X X
X X X
La
n
d
f
i
l
l
s
CU
X
X
X
X
X
Ma
r
i
n
a
s
Ex
p
a
n
s
i
o
n
s
Ne
w
CU
X
X X
X
X
X
X
X
X
X X
M
o
o
r
i
n
g
b
u
o
y
s
Pu
b
l
i
c
Pr
i
v
a
t
e
P X
N/
A
N/
A
N/
A
N/
A
N/
A
Mi
n
i
n
g
X
X
X
X
X
X
Fi
n
a
l
–
2
-
1
4
-
0
7
Pa
g
e
77
Ch
a
p
t
e
r
5
Sh
o
r
e
l
i
n
e
E
n
v
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n
m
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n
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s
Ta
b
l
e
o
f
U
s
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s
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u
a
t
i
c
Na
t
u
r
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l
Co
n
s
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r
v
a
n
c
y
Sh
o
r
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l
i
n
e
Re
s
i
d
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n
t
i
a
l
Ur
b
a
n
Hi
s
t
o
r
i
c
Wa
t
e
r
f
r
o
n
t
Notes
Pa
r
k
i
n
g
As
s
o
c
i
a
t
e
d
w
i
t
h
a
n
Ap
p
r
o
v
e
d
U
s
e
As
a
P
r
i
m
a
r
y
U
s
e
X
(9
a
+
b
)
X
X (9
b
)
X
P X
P X
P X
P X
9a. Except holding areas for Washington State ferry terminal operations may be permitted as a conditional use. 9b..Ex cept parking necessary to meet ADA requirements.
Pu
b
l
i
c
A
c
c
e
s
s
CU
/
H
P (1
0
)
P (1
0
)
P
P
P
10. Provided that no significant ec ological impact will result. Where such use is permitted, the placement of structures, storage, and hard surfaces shall be lim ited to the minimum necessary for the successful operation of the use.
Re
c
r
e
a
t
i
o
n
F
a
c
i
l
i
t
i
e
s
W
a
t
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p
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n
d
e
n
t
No
n
-
W
a
t
e
r
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e
p
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n
d
e
n
t
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g
h
I
n
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s
i
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Mo
d
e
r
a
t
e
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n
t
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n
s
i
t
y
L
o
w
I
n
t
e
n
s
i
t
y
C/
A
U
(5
)
X
C/
A
U
C/
A
U
X X X
P/
W
O
CU
X
P/
W
O
P/
W
O
X X P P
CU
C
U
P P
CU
X P P
5. Further limited if use involves over-water structures, see Section 5.6.
Re
s
i
d
e
n
t
i
a
l
D
e
v
e
l
o
p
m
e
n
t
X
(1
1
)
X
(1
2
)
X
(1
2
)
P
CU
P(
U
)
11. Except in upper floors of existing historic structures in the Historic Waterfront District where the use is permitted. 12. Except, residential use shall be allowed as a conditional use, where necessary to avoid a violation of constitutional or statutory limitations on regulations of private property.
Fi
n
a
l
–
2
-
1
4
-
0
7
Pa
g
e
78
Ch
a
p
t
e
r
5
Sh
o
r
e
l
i
n
e
E
n
v
i
r
o
n
m
e
n
t
s
Ta
b
l
e
o
f
U
s
e
s
Aq
u
a
t
i
c
Na
t
u
r
a
l
Co
n
s
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r
v
a
n
c
y
Sh
o
r
e
l
i
n
e
Re
s
i
d
e
n
t
i
a
l
Ur
b
a
n
Hi
s
t
o
r
i
c
Wa
t
e
r
f
r
o
n
t
No tes
Sc
i
e
n
t
i
f
i
c
,
C
u
l
t
u
r
a
l
a
n
d
Ed
u
c
a
t
i
o
n
P
(5
)
P (1
0
)
P (1
0
)
P
P
P
5. Further limited if use involves over-water structures, see Section 5.6. 9. Provided that no significant adverse ecological impact will result. Where such use is permitted, the placement of structures, storage, and hard surfaces shall be limited to the minimum necessary for the successful operation of the use.
Sh
o
r
e
D
e
f
e
n
s
e
W
o
r
k
s
Bu
l
k
h
e
a
d
s
a
n
d
Re
v
e
t
m
e
n
t
s
CU
/
O
W
X
(1
3
)
CU
CU
CU
CU
13. Except, shoreline defense works shall be allowed as a conditional use when necessary to protect a inhabited residential structure constructed prior to 1992, and only after alternatives have been found infeasible
Si
g
n
s
In
t
e
r
p
r
e
t
i
v
e
/
E
d
u
c
a
t
i
o
n
a
l
P
P
P
P
P
P
Te
m
p
o
r
a
r
y
U
s
e
s
P
X
P
X
P
P
Fi
n
a
l
–
2
-
1
4
-
0
7
Pa
g
e
79
Ch
a
p
t
e
r
5
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o
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l
i
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b
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s
t
o
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i
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Wa
t
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r
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r
o
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t
Not es
Tr
a
n
s
p
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a
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i
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a
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.
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Final 2-14-07
Page 1
Chapter 6 - Environmental Protection
(rev. 6/19)
Chapter 6
Environmental Protection
SECTIONS:
6.1 Introduction
6.2 Organization
6.3 Impacts, Mitigation, Bonding and Monitoring
6.4 Environmental Elements
6.5 Critical Areas - General
6.6 Critical Saltwater Habitats
6.7 Frequently Flooded Areas and Tsunami Inundation Areas
6.8 Geologically Hazardous Areas
6.9 Wetlands
6.1 Introduction
The intent of this chapter is to provide policies and regulations that protect
the shoreline environment as well as the critical areas found within the
shoreline jurisdiction. These policies and regulations apply to all uses,
developments and activities that may occur within the shoreline jurisdiction
regardless of the Shoreline Master Program environment designation. They
are to be implemented in conjunction with the specific use and activity
policies and regulations found in this Master Program. The Shoreline
Management Act (SMA) mandates the preservation of the ecological
functions of the shoreline by preventing impacts that would harm the fragile
shorelines of the state. When impacts cannot be avoided, impacts must be
mitigated to assure no-net-loss of ecological function necessary to sustain
shoreline resources (WAC 173-26-201(2)(C)). The SMA also mandates that
local master programs include goals, policies and actions for the restoration
of impaired shoreline ecological functions to achieve overall improvements
in shoreline ecological functions over time (WAC 173-26-201(f)). The
environment protection policies and regulations of this Master Program
address general environmental impacts and critical areas. General
environmental impacts include effects upon the elements of the
environment listed in the State Environmental Policy Act (SEPA) (WAC
197-11-600 and WAC 197-11-666). This chapter is not intended to limit the
application of SEPA. The provisions of Ordinance 3198, May 21, 2018, and
codified in Chapter 19.05 of the Port Townsend Municipal Code, Critical
Areas, are hereby incorporated by reference into this Master Program
Final 2-14-07
Page 2
Chapter 6 - Environmental Protection
(rev. 6/19)
(Appendix E). The standards contained in the Critical Areas Chapter of the
Municipal Code apply equally to critical areas contained within the
jurisdiction of this Master Program. It should be noted that reasonable uses
exceptions (19.05.050(D)) within shoreline jurisdiction will require a
shoreline variance. Furthermore, in cases where definitions, procedures, or
standards of this Shoreline Master Program are inconsistent with related
provisions in Chapter 19.05, provisions of the Port Townsend Shoreline
Master Program shall prevail. (Note: A Shoreline Master Program
amendment will be required for any future amendments to critical areas
provisions incorporated by reference into the PTSMP.)
6.2 Organization
This chapter first presents General Environmental Policies and Regulations
including analysis of impacts, mitigation, bonding, and monitoring. Second,
policies and regulations protecting the broad elements that comprise the
shoreline environment (e.g., earth, air, and water) are provided. And, finally,
it presents policies and regulations for “critical areas” including: Wetlands,
geologically hazardous areas, frequently flooded areas, and fish and wildlife
habitat conservation areas. These critical areas are also protected under the
Critical Areas regulations of the Port Townsend Municipal Code, PTMC
Chapter 19.05 (Appendix E). Regulations for the protection of critical
aquifer recharge areas are dealt with in the critical areas ordinance.
6.3 Impacts, Mitigation, Bonding and Monitoring
Management Policies
Policy 6.3.1 Protect the environment through implementation of this Master
Program in concert with the City’s Critical Areas Ordinance and
through the use of the AMRRC mitigation sequence (Avoid, Mini-
mize, Rectify, Reduce, Compensate) (WAC 173-26-201(e)).
Policy 6.3.2 Minimize the adverse impacts of shoreline developments and
activities on the natural environment during all phases of
development (e.g., design, construction, operation, and
management).
Policy 6.3.3 Assure, at a minimum, that development and use within the shore-
line’s jurisdiction result in no net loss of ecological functions nec-
essary to sustain shoreline natural resources. Development
Final 2-14-07
Page 3
Chapter 6 - Environmental Protection
activities shall protect existing ecological functions and ecosystem
wide processes.
Policy 6.3.4 Encourage shoreline developments or activities that serve to
enhance ecological functions and/or values and those that protect
and/or contribute to the long-term restoration of properly
functioning conditions for proposed, threatened and endangered
species consistent with the fundamental goals of this Master
Program.
Policy 6.3.5 Ensure, through appropriate monitoring and enforcement
measures, that all required conditions are met, improvements
installed, and properly maintained.
Development Regulations
General
DR-6.3.1 All shoreline development and activity shall be located, designed,
constructed, and managed in a manner that avoids, minimizes
and/or mitigates adverse impacts to the environment. The
preferred mitigation sequence (avoid, minimize, rectify, reduce, or
compensate for the environmental impact) shall follow that listed
in WAC 173-26-0201((2)(e), see also definition of “Mitigation,”
listed in this Master Program).
DR-6.3.2 In approving shoreline developments, the City of Port Townsend
shall ensure that shoreline development, use, and/or activities will
result in no net loss of ecological functions necessary to sustain
shoreline resources, including loss that may result from the
cumulative impacts of similar developments over time to the extent
consistent with constitutional and statutory limitations on the
regulation of private property. To this end, the City may require
modifications to the site plan and/or adjust or prescribe project
dimensions, intensity of use, and screening as deemed appropriate.
If impacts cannot be avoided through design modifications, the
City shall require mitigation commensurate with the project’s
adverse impacts.
DR-6.3.3 Identified significant short term, long term, or cumulative adverse
environmental impacts lacking appropriate mitigation shall be
sufficient reason for permit denial consistent with constitutional
and statutory limitations on such denials.
Mitigation
DR-6.3.4 Where mitigation for loss of or impact to shoreline ecological
functions is required, a mitigation plan shall be required.
Final 2-14-07
Page 4
Chapter 6 - Environmental Protection
Mitigation plans shall be prepared by a qualified professional as
determined appropriate by the Shoreline Administrator. In
addition to the requirements for critical areas special reports
contained in Chapter 19.05, the mitigation plan shall contain the
following:
a. Inventory existing shoreline environment including the
physical, chemical and biological elements and provide an
assessment of their condition.
b. A discussion of the project's impacts and their effect on the
ecological functions necessary to support existing shoreline
resources.
c. A discussion of any federal, state, or local special
management recommendations which have been developed
for wetlands or nearshore species or habitats located on the
site;
d. An assessment of habitat recommendations proposed by
resource agencies and their applicability to the proposal;
e. A discussion of measures to preserve existing habitats and
opportunities to restore habitats that were degraded prior to
the proposed land use activity.
f. Planting and soil specifications; success standards; and
contingency plans;
g. A discussion of proposed measures which mitigate the
impacts of the project to ensure no net loss of shoreline
ecological functions and proposed success criteria;
h. An evaluation of the anticipated effectiveness of the
proposed mitigation measures to ensure no net loss of
ecological functions;
i. A discussion of proposed management practices which will
protect fish and wildlife habitat both during construction,
and, after the project site has been fully developed,
including proposed monitoring and maintenance programs;
j. Contingency plan if the mitigation fails to meet established
success criteria;
k. Any additional information necessary to determine the
impacts of a proposal and mitigation of the impacts.
Mitigation plans and/or Critical Areas special reports shall be
forwarded to the appropriate state and/or federal resource agencies
for review and comment.
Final 2-14-07
Page 5
Chapter 6 - Environmental Protection
DR-6.3.5 On-site compensatory mitigation shall be the preferred mitigation
option, except where off-site mitigation can be demonstrated to be
more beneficial to shoreline ecological functions and values and
meets the standard of no net loss. Where appropriate, on-site
mitigation within the same drift cell should be considered first
when it is mitigation for impacts that disrupt a drift cell.
DR-6.3.6 If off-site mitigation is implemented, the applicant must
demonstrate, to the satisfaction of the Shoreline Administrator that
that the mitigation site will be protected in perpetuity. This may be
accomplished through various means including but not limited to
dedication of a permanent easement to the city or approved non-
profit entity; participation in a publicly sponsored restoration or
enhancement program or purchase of credits from a state certified
mitigation bank in accordance with Chapter 90.86 RCW 84
(Wetlands Mitigation Banking).
DR-6.3.7 Where feasible, replacement mitigation shall be required prior to
impact and, at a minimum, prior to occupancy.
Bonding
DR-6.3.8 Performance or maintenance bonds or other security may be
required by the City to assure that work is completed, monitored
and maintained.
Monitoring
DR-6.3.9 As a condition of approval, the City may require periodic
monitoring for up to five years from the date of completed
development to ensure the success of required mitigation. The
monitoring period may be extended if the success criteria set forth
in the approved mitigation plan fail to be accomplished, or the
mitigation plan has a longer horizon.
DR-6.3.10 Monitoring plans shall be forwarded, for review and comment, to
state and/or federal resource agencies with jurisdiction.
Final 2-14-07
Page 6
Chapter 6 - Environmental Protection
6.4 Environmental Elements
Management Policy
Policy 6.4.1 Protect against adverse impacts to the public health, to the land and
its vegetation and wildlife, and to waters of the state and their
aquatic life. This section provides policies and regulations to
address environmental impacts to the elements of the environment
listed in the State Environmental Policy Act (SEPA) (WAC 197-
11-600 and WAC 197-11-666). It is not intended to limit the
application of SEPA.
Development Regulations (In Alphabetical Order)
Air
DR-6.4.1 In approving shoreline development, uses or activities, the
Shoreline Administrator may apply conditions to control
emissions, including any compounds, chemicals, pollutants, odors,
fugitive dust, or vehicle exhaust with the intent of avoiding
significant adverse impacts to the legal use of adjoining properties
and ensuring adherence to the guidelines, policies, standards and
regulations of applicable air quality management programs and
related regulatory agencies.
Archaeological/Historical/Cultural Impacts
Applicability: The following provisions apply to archaeological and historic
resources whose presence are either recorded at the State Historic Preservation
Office and/or by the City of Port Townsend or such resources that are uncovered
during development activities.
DR-6.4.2 Wherever practicable, consistent with constitutional and statutory
limitations, public or private developments shall be prevented from
destroying or destructively altering potential or recognizable sites
having historic, cultural, scientific, or educational value as
identified by appropriate authorities.
DR-6.4.3 All shoreline permits shall contain provisions that require
developers to immediately stop work and immediately notify the
State Historic Preservation Officer, appropriate Native American
Tribes and the City of Port Townsend if any items of
archaeological interest are uncovered during excavation. In such
cases, the developer shall allow site inspection and evaluation by a
professional archaeologist and tribal representative to ensure that
all possible valuable archaeological data are properly salvaged.
Final 2-14-07
Page 7
Chapter 6 - Environmental Protection
Work should not resume until approval is obtained from the
Shoreline Administrator.
DR-6.4.4 Archaeological sites located both in and outside shoreline
jurisdiction are subject to chapter 27.44 RCW (Indian graves and
records) and chapter 27.53 (Archaeological sites and records) and
development or uses that may impact such sites shall comply with
Chapter 25.48 WAC (Archaeological excavation and removal
permits) as well as the provisions of this section.
DR-6.4.5 Where archaeological or historic sites have been identified, the city
may require public access consistent with constitutional and
statutory limitations, provided the development is consistent with
the provisions for public access and provided further it is
determined that public access to the site will not damage or reduce
the cultural value of the site.
Earth
DR-6.4.6 All shoreline uses and activities shall be located, designed,
constructed and managed to minimize interference with beneficial
natural shoreline processes such as littoral drift, sand and gravel
movement, erosion, and accretion. For projects proposing clearing
and grading see Section 9.3 Alteration of Natural Landscape –
Clearing, Grading and Vegetation Removal, Chapter 9 Specific
Modification Policies and Performance Standards.
DR-6.4.7 Gravel and sand bars and other accretion shore forms (e.g., Point
Wilson and the sand bar protruding northerly from the tip of Point
Hudson) are naturally unstable environments. They are valued for
recreation and in some cases may provide habitat. Therefore, new
development of these shore forms is prohibited and modification
shall be allowed only to protect existing occupied structures.
Furthermore, developments that could disrupt the processes
benefiting these shore forms shall be carefully evaluated and
allowed only when the impacts of such disruption can be
adequately mitigated, and where there is a demonstrated public
benefit.
DR-6.4.8 An erosion and sedimentation control plan shall be submitted with
a permit application for activities that involve the removal of
vegetation, stockpiling of earth or other materials, or any activity
that could result in shoreline erosion or siltation. Said program
shall conform to the City of Port Townsend’s Engineering Design
Standards and shall at a minimum, utilize Best Management
Practices (BMPs) to prevent shoreline erosion and siltation.
Final 2-14-07
Page 8
Chapter 6 - Environmental Protection
Noise
DR-6.4.9 Noise emanating from a shoreline use/activity shall be muffled so
as to not to interfere with the designated use of adjoining
properties. This determination shall take into consideration
ambient noise levels, intermittent beat, frequency, and shrillness.
Shoreline developments/activities shall comply with the
maximum permissible noise levels and time limits set forth in Port
Townsend Municipal Code Chapter 9.09 (Noise). Exception: This
regulation does not apply to foghorns, tsunami warning or other
emergency warning systems
Pesticides and Fertilizers, Application of:
(Pesticides include herbicides and algaecides)
DR-6.4.10 Chemical pesticides using aerial spraying techniques within the
shoreline jurisdiction, including over water bodies or wetlands,
shall be prohibited unless specifically permitted under the
Washington Departments of Agriculture or Public Health.
DR-6.4.11 Pesticides, organic or mineral derived fertilizers, or other
hazardous substances, if necessary shall be restricted in accordance
with the a) state Department of Fish and Wildlife Management
Recommendations b) the regulations of the state Department of
Ecology as the Environmental Protection Agency’s delegated
authority and permitting body for the application of pesticides and
herbicides to the waters of Washington State, and c) pesticide
labels as per the authority of the state Department of Agriculture.
DR-6.4.12 Pesticides shall be used, handled, and be disposed of in accordance
with provisions of the Washington State Pesticide Application Act
(RCW 17.21) and the Washington State Pesticide Act (RCW
15.57) to prevent contamination and sanitation problems.
DR-6.4.13 Pesticide products commercially applied for terrestrial use usually
include information on how far to stay away when applying near
water. If there were a chance of a product entering the water, the
product should be labeled for aquatic use. Only products approved
by the Washington State Departments of Agriculture, and Ecology
for aquatic use can be applied to Washington State waters.
Activities to be conducted using these products should take place
under one of the Department of Ecology's general NPDES permits
for aquatic pesticides. In some cases labeling information for
commercial products may indicate the need for larger aquatic
buffers and other restrictions when used near salmon-bearing
waters. See http://www.epa.gov/oppfead1/endanger/wtc/maps.htm
Final 2-14-07
Page 9
Chapter 6 - Environmental Protection
for product details and changes due the lawsuit between the
Washington Toxics Coalition and US Environmental Protection
Agency.
DR-6.4.14 Application of pesticides by commercial applicators requires
licensing through the Washington State Department of Agriculture.
Information on licensing can be found at
http://agr.wa.gov/PestFert/LicensingEd/CaSpiInfo.htm.
DR-6.4.15 Integrated Pest Management (IPM) principles shall be used when
applying pesticides and herbicides within the shoreline jurisdiction
of the SMP. Application of pesticides to areas outside of the SMP
shoreline jurisdiction that might have an affect on this jurisdiction
should also follow these practices. IPM can be defined as a
coordinated decision-making and action process that uses the most
appropriate pest control methods and strategy in an
environmentally and economically sound manner to meet pest
management objectives.
Public Health & Safety
DR-6.4.16 All shoreline developments shall be located, designed, constructed,
and operated so as not to be a hazard to public health and safety.
View Protection/Aesthetics
DR-6.4.17 The protection of public views of the shoreline is an important
shoreline management objective. View protection can include
preventing view blockage through height limitations or requiring
aesthetic enhancement with landscaping. View protection does not
justify the excessive removal of vegetation to create views or
enhance partial existing views. Retaining vegetation and
“windowing” or other pruning techniques should always be
preferred options over vegetation removal. Please refer to Chapter
9, Section 9.3, Alteration of Natural Landscape – Clearing,
Grading and Vegetation Removal Chapter 7, Public Access.
DR-6.4.18 New development shall be located and designed to avoid or
minimize adverse impacts to views from public vista points.
DR-6.4.19 The height of new or expanded buildings shall be limited
consistent with the restrictions of Chapter 5. Private views of the
shoreline, although considered during the review process, are not
expressly protected. Property owners concerned with the
protection of views from private property are encouraged to obtain
view easements, purchase intervening property and/or seek other
similar private means of minimizing view obstruction.
Final 2-14-07
Page 10
Chapter 6 - Environmental Protection
DR-6.4.20 Where lighted signs and illuminated areas are permitted, such
illuminating devices shall be shaded and directed so as to prevent
light and glare from negatively impacting neighboring properties,
streets, public areas or water bodies.
DR-6.4.21 New development, uses and activities shall locate and screen trash
and recycling receptacles, utility boxes, HVAC systems, electrical
transformers, fences and other appurtenances to minimize
interference with public views. Exceptions may be permitted for
security fencing.
Water Quality
DR-6.4.22 The bulk storage of oil, fuel, chemicals, or hazardous materials, on
either a temporary or a permanent basis, shall not occur in
shorelines without adequate secondary containment and an
emergency spill response plan in place.
DR-6.4.23 All development activities approved under this Shoreline Master
Program shall be designed and maintained consistent with the
City’s Stormwater Management Plan and Engineering Design
Standards. In addition, the City encourages utilization of Low
Impact Development principles and practices such as setbacks,
retaining land cover, and reducing impervious areas, and special
caution to avoid infiltration of stormwater in shoreline areas along
marine bluffs. (See the 2005 Low Impact Development Technical
Guidance Manual for Puget Sound as guidance in this regard.)
DR-6.4.24 As a condition of approval of a permit issued in accordance with
this master program, the Shoreline Administrator may apply the
following conditions to protect water quality:
a. The development, use or activity shall utilize Best
Management Practices (BMPs) to minimize any increase in
surface runoff and to control, treat and release surface water
runoff to protect the quality and quantity of surface and
ground water. Such measures may include but are not
limited to catch basins or settling ponds, installation and
required maintenance of oil/water separators, biofiltration
swales, interceptor drains and landscaped buffers.
b. The release of oil, chemicals (including pesticides and
herbicides), fertilizer or hazardous materials onto land or
into the water is prohibited within the shoreline jurisdiction.
Final 2-14-07
Page 11
Chapter 6 - Environmental Protection
(rev. 6/19)
c. Equipment for the transportation, storage, handling, or
application of such materials shall be maintained in a safe
and leak-proof condition. If there is evidence of leakage, the
further use of such equipment shall be suspended until the
deficiency has been satisfactorily corrected.
6.5 Critical Areas - General
Management Policies
Policy 6.5.1 Protect unique, rare, and fragile environments, including wet-
lands and fish and wildlife habitat conservation areas from
impacts associated with development.
Policy 6.5.2 Locate and design development to minimize risks to people,
property and other critical areas associated with geologic and
flood hazard areas.
Policy 6.5.3 Provide a level of protection to critical areas that is equal to or
greater than the level of protection provided by the adopted
Port Townsend critical areas regulations. Recognizing this, the
City explicitly elects to make its critical areas regulations as
adopted by Ordinance 3198, May 21, 2018, and codified in
Chapter 19.05 PTMC applicable to critical areas within shore-
line jurisdiction. It should be noted that while activities in
shorelines jurisdiction are subject to compliance with critical
areas regulations, critical area permits (19.05.040) are not
issued in shoreline jurisdiction, and that reasonable uses excep-
tions (19.05.050(D)) within shoreline jurisdiction will require a
shoreline variance. Furthermore, in cases where definitions,
procedures, or standards of this Shoreline Master Program are
inconsistent with related provisions in Chapter 19.05, provi-
sions of the Port Townsend Shoreline Master Program shall
prevail. Additional limitations to how the Critical Areas Ordi-
nance (CAO) wetland provisions (19.05.110) apply within
shoreline jurisdiction are detailed in Section 6.9 below. (Note:
A Shoreline Master Program amendment will be required for
any future amendments to critical areas provisions incorporated
by reference into the PTSMP.)
Final 2-14-07
Page 12
Chapter 6 - Environmental Protection
(rev. 6/19)
Development Regulations
6.6 Critical Saltwater Habitats (Fish and Wildlife Habitat Conservation
Areas)
This section provides policies and regulations that apply to critical saltwater
habitats as defined by WAC 173-26-221(2)(c)(iii). These policies and
regulations apply in addition to the critical areas protection standards for
fish and wildlife habitat conservation areas found in PTMC Chapter 19.05.
Kelp beds, eelgrass beds, herring spawning areas, smelt and sand lance
spawning areas and other critical saltwater habitats are classified as fish and
wildlife habitat conservation areas and are designated as “critical areas” in
WAC 365-190-080(5)(a)(6). The guidelines for classifying critical areas
also include commercial and recreational shellfish areas. The Department of
Fish and Wildlife has identified the following habitats of special concern:
kelp beds, eelgrass beds, herring spawning areas, sand lance spawning
areas, smelt spawning areas, juvenile salmonid migration corridors, rock
sole spawning beds, rockfish settlement and nursery areas, and lingcod
settlement and nursery areas.
In addition, it’s important to give special consideration to conservation or
protection measures necessary to preserve or enhance anadromous fisheries,
such as juvenile salmon (RCW 36.70A.172), some of which are classified
as “Threatened” under the Endangered Species Act. Critical fish and
wildlife habitat conservation areas include, but are not limited to, areas with
which endangered, threatened, and sensitive species have a “primary
association” (see WAC 365-190-080(5)(a)(i)). Critical Saltwater Habitats
include these “primary association” areas. Examples of “primary
association” areas include, but are not limited to, the following:
a. Shallow water/low gradient habitats along shorelines
b. Migratory corridors that allow juvenile salmon to move within and
between habitats (e.g., beaches, as well as eelgrass, kelp, etc.). In
DR-6.5.1 Development and uses proposed within the shoreline shall meet
the requirements of the City’s Critical Areas Ordinance 3198,
May 21, 2018, and codified in Chapter 19.05 PTMC, Critical
Areas in addition to the requirements of this Master Program
(Appendix E).
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(rev. 6/19)
addition, a diversity of shoreline habitats is essential for providing
adequate functions for juvenile salmon.
Appendix F provides a list of critical salt-water habitats. Those that are
known to occur along the shores of Port Townsend have been marked
accordingly. Critical habitats were mapped in conjunction with the City’s
Shoreline Inventory (2002) and Atlas (2002) prepared in conformance with
WAC 173-26-201.
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Chapter 6 - Environmental Protection
Management Policies
Policy 6.6.1 Protect critical salt-water habitats in recognition of their
importance to the marine ecosystem of the City of Port Townsend
and the State of Washington. These habitats provide critical
reproduction, rearing and migratory nursery areas for valuable
recreational and commercial species. They provide habitat for
many marine plants, fish and animals.
Policy 6.6.2 Prohibit, with limited exceptions, uses, activities and structures in
critical saltwater habitats. Exceptions may be allowed for public
or semipublic facilities (e.g. water-dependent recreational or
transportation facilities or utilities) where no alternative location is
available.
Policy 6.6.3 Protect the composition of the beach and bottom substrate.
Developments within or adjacent to the shoreline jurisdiction
where critical salt water habitats exist, should not directly or
indirectly change the composition of the beach and bottom
substrate. Habitat enhancement and restoration projects should
change beach or bottom substrata only when appropriate to restore
or enhance these habitats.
Policy 6.6.4 Avoid indirect impacts on critical saltwater habitats by
appropriately locating and designing developments beyond the
standard setback.
Development Regulations
DR-6.6.1 Structures, developments, and uses, including marinas, docks,
piers, mooring areas, underwater parks, utilities, and shoreline
modifications, shall not intrude into or be built over critical
saltwater habitat unless the applicant can show that all of the
following criteria can be met:
a. An alternative alignment or location is not feasible.
b. The project is designed to minimize its impacts on critical
saltwater habitats and the shoreline environment.
c. Impacts to critical saltwater habitat functions are mitigated
to result in equal or better ecological function.
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Chapter 6 - Environmental Protection
d. The facility is a public or semipublic facility (e.g., water-
dependent recreational or transportation facility or utility)
and is in the public interest.
DR-6.6.2 In areas not previously identified as critical saltwater habitat, the
project proponent shall submit appropriate reconnaissance-level
studies to determine whether critical saltwater habitats exist,
whenever the following two conditions are applicable:
a. The proposed development, use or activity has the
potential to cause significant adverse affects to a critical
saltwater habitat; and
b. The beach or saltwater area that may be impacted by the
proposed development, use or activity is the type of
environment in which a critical saltwater habitat typically
occurs.
DR-6.6.3 Except as a habitat improvement or restoration measure, aquatic
herbicide treatments, mechanical removal of vegetation and
aquatic pesticide treatments shall not be used on critical salt-water
habitats.
DR-6.6.4 Sand, gravel or other materials shall neither be added nor removed
from critical salt-water habitats, except when part of an approved
restoration effort or as allowed in DR-6.6.1, above.
DR-6.6.5 New outfalls (including stormwater and sewer outfalls) and
discharge pipes shall not be located in critical salt water habitats or
areas where outfall or discharge will adversely affect critical salt
water habitats unless the applicant can show that all of the
following can be met:
a. There is no alternative location for the outfall or pipe.
b. The outfall or pipe is placed below the surface of the beach
or bed of the water body.
c. The outfall discharges waterward of the subtidal zone
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Chapter 6 - Environmental Protection
d. The disturbed area will be revegetated with native plants.
e. The discharge point(s) on the outfall or discharge pipe is
located so the discharges, including nutrients in the
discharge and currents, do not adversely affect critical salt-
water habitats.
6.7 Frequently Flooded Areas and Tsunami Inundation Areas
Portions of Port Townsend’s shoreline are subject to periodic flooding that
may result from factors including, but not limited to, unusual amount of
rainfall over a short period of time, high tides, and wind driven waves.
Tsunamis also pose a less frequent, but potentially more hazardous, type
of flooding event.
Management Policies
Policy 6.7.1 Ensure that new development in areas prone to periodic flooding
comply with the City’s Flood Damage Prevention standards
(Chapter 16.08, PTMC) to minimize health hazards and property
damage due to flooding.
Policy 6.7.2 Develop, enhance, and implement education programs aimed at
mitigating natural hazards, and reducing the risk to citizens, public
agencies, private property owners, businesses and schools.
Policy 6.7.3 Encourage development of acquisition and management strategies
to preserve open space for flood mitigation, fish habitat, and water
quality in frequently flooded areas.
Policy 6.7.4 Coordinate and support the development of improved tsunami
warning systems.
Development Regulations
DR-6.7.1 All new development and new uses within the jurisdiction of this
Master program shall comply with the provisions of Chapter 16.08
Flood Damage Prevention, PTMC and the Critical Areas
Ordinance (Appendix E).
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Chapter 6 - Environmental Protection
6.8 Geologically Hazardous Areas
Geologically hazardous areas are areas susceptible to severe erosion; slide
activity, or other geologic events. In the Port Townsend shoreline, high
marine bluffs are the most visible type of geologically hazardous area,
although seismic, tsunami and erosion hazards have also been mapped.
The more severe hazard areas are not suitable for placing structures or
locating intense activities or uses due to the inherent threat to public health
and safety. Vegetation removal during construction and development of
adjacent properties alters surface runoff and ground water infiltration
patterns that can lead to increased slope instability.
A certain level of erosion of shorelines and marine bluffs is natural to the
Puget Sound area. Erosion from “feeder bluffs” is the primary source of
sand and gravel found on beaches including accretion beaches (gravel
bars, sand pits and barrier beaches). Extensive “hardening” of feeder bluff
areas can eventually starve beaches down drift of the bluff, resulting in
lowered beach profiles and the potential for increased erosion. Changes in
the beach substrate resulting from reduced sediment deposition may result
in negative habitat impacts. Erosion and accretion are natural processes
that provide ecological functions and thereby contribute to sustaining the
natural resource and ecology of the shoreline.
Management Policies
Policy 6.8.1 Ensure that new development or the creation of new lots does not
cause any foreseeable risk from geological conditions to people or
improvements during the life of the development.
Policy 6.8.2 Permit development in such a manner and only in locations where
no slope protection (e.g. bulkheads, rip-rap, retaining walls, etc.) is
necessary or where nonstructural protection (e.g., vegetated
buffers) is sufficient for the life of the project (75 years)
Policy 6.8.3 Ensure that proposals are designed and constructed in a manner
that does not increase or result in slope instability or sloughing.
Policy 6.8.4 Allow shoreline modifications or other measures to protect existing
primary structures only when they are demonstrated to be
necessary, when no alternatives including relocation or
reconstruction of existing primary structures are found to be
feasible, and when the modifications are found to comply with the
policies and regulations of this Master Program for modifications
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Chapter 6 - Environmental Protection
(See chapter 9) as well as the requirements of WAC 173-26-231
(Shoreline Modification requirements). Preference should be
given to those types of shoreline modifications that have a lesser
impact on ecological functions. Assure that modifications
individually and cumulatively will result in no net loss of
ecological functions.
Development Regulations
Applicability: In addition to the critical areas protection standards for
Geologically Hazardous Areas are set forth in the Critical Areas
Ordinance (Appendix E), the following shall apply for areas within
shorelines jurisdiction. Note that in addition to the buffers applied therein,
vegetation preservation may be required by Chapter 9 Specific
Modification Policies and Performance Standards.
DR-6.8.1 Section 19.05.100E(3) of the PTMC allows for reduced buffers for
existing platted lots when necessary to allow development of a
single-family residence. In no case shall the reduced buffer width
be less than a distance equal to the sum of the bluff erosion rate
over at least 75 years plus 20-feet from the crest; or ten-feet from
the sides and the toe of a marine bluff.
DR-6.8.2 Pursuant to the critical areas ordinance, surface drainage shall be
directed away from marine bluffs. When no other solution is
feasible, surface drainage piping may be located on the face of a
steep slope when contained in a tight line (closed, non-leaking
pipe) and in such a way that erosion will not be exacerbated and
that physical access along the shoreline is not degraded.
Furthermore, conditions may be applied to mitigate for aesthetic
impacts of drainage systems as viewed from public areas.
6.9 Wetlands
Wetlands are those areas that are inundated or saturated by ground
or surface water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. A
wetland directly impacts water quality and stormwater control by
trapping and filtering surface and ground water. Wetlands also
provide valuable habitat for fish and wildlife. Because of the
difficulty in replacing these rare and valuable areas, these
regulations control development adjacent to and within wetlands,
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Chapter 6 - Environmental Protection
and limit the amount of wetlands, which may be altered. The
purpose of these regulations is to protect the public from harm by
preserving the functions of wetlands and streams as recharge for
ground water, flood storage, floodwater conveyance, habitat for
fish and wildlife, sediment control, pollution control, surface water
supply, aquifer recharge and recreation. Wetlands in Port
Townsend are characterized by hydric soils, water-tolerant plants
(hydrophytes), and surfaces that are either saturated or inundated
with water for a specified period of time.
Management Policies
Policy 6.9.1 Preserve and protect wetland ecosystems, and mitigate impacts, so
that there is no net loss of wetland acreage and functions. Where
feasible, improve wetland quality. Maintaining or restoring
vegetated buffers is the preferred method for protecting/improving
wetland functions.
Policy 6.9.2 Prevent adverse impacts to wetland functions by controlling all
activities that could potentially affect wetland ecosystems whether
the activity is located within or adjacent to shorelines jurisdictional
wetlands or their buffers.
Policy 6.9.3 Encourage in-kind replacement of functional wetland values as the
preferred mitigation. Where in- kind replacement is not feasible or
practical due to the characteristics of the existing wetland, provide
ecological resources of equal or greater value, preferably within
the same hydrologic sub-basin.
Policy 6.9.4 Coordinate proposals for mitigation, creation, or enhancement with
appropriate resource agencies to ensure adequate design and
consistency with local, state and federal regulatory requirements.
Policy 6.9.5 Develop wetland education programs to increase awareness of the
importance of wetlands and to inform the citizenry of protective
wetland regulations. The City of Port Townsend should distribute
wetland education materials to the public, including schools,
landowners, and developers in the Port Townsend area.
Policy 6.9.6 Seek regional solutions to wetland mitigation through coordinated
planning with state and federal agencies, Jefferson County, port
authorities and the public.
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Chapter 6 - Environmental Protection
(rev. 6/19)
Development Regulations
Applicability: In addition to the regulations set forth in the
Critical Areas Ordinance (Appendix E), the following shall
apply for activities proposed within shorelines jurisdiction:
DR-6.9.1 All development, development proposals and alterations that
are located within or adjacent to shoreline jurisdictional wet-
lands or their buffers, or that are likely to significantly impact
shoreline jurisdictional wetlands (regardless of their location,
and regardless of whether or not a critical areas permit is spe-
cifically required for the activity under PTMC 19.05.040) shall
prepare a wetland analysis [PTMC 19.05.030(C)]. The wet-
land analysis shall include the wetland rating (using the Wash-
ington State Wetland Rating System for Western Washington
(2014) or as revised by Ecology), a functional assessment of
potential buffers (based on Ecology’s best available science
for wetlands), and notes of any water features and other criti-
cal areas and their related buffers in the proximity of the wet-
land.
DR-6.9.2 In those limited circumstances where alteration of a wetland or
its buffer is allowed, the proponent shall provide mitigation to
achieve no net loss of wetland function or acreage, according
to an approved mitigation plan prepared consistent with this
Master Program and Chapter 19.05 PTMC.
DR-6.9.3 Specific CAO provisions (19.05.110 Critical Areas 5 – Wet-
lands) are modified as follows for application within shoreline
jurisdiction:
a. B. Classification; 4(b) Category II Wetlands - (i) Estua-
rine wetlands smaller than one acre or coastal lagoons smaller
than 1/10-acre, or disturbed estuarine wetlands larger than one
acre or disturbed coastal lagoons larger than 1/10-acre;
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Chapter 6 - Environmental Protection
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b. D. Performance Standards for Development; 5. Exemp-
tions from Avoidance Requirement - (a)(iv) Do not score 6
or more points for habitat function based on the 2014 update to
the Washington State Wetland Rating System for Western
Washington: 2014 Update (Ecology Publication # 14-06-029,
or as revised);
c. D. Performance Standards for Development - 6. 6.
Stormwater Management. A wetland or its buffer may be
physically or hydrologically altered to meet the requirements
of an LID, Runoff Treatment or Flow Control BMP only if all
of the following criteria are met:
a. The wetland is classified as a Category IV or a Category
III wetland with a habitat score of 3-5 points, and
b. There will be “no net loss” of functions and values of
the wetland, and
c. The wetland does not contain a breeding population of
any native amphibian species, and
d. The hydrologic functions of the wetland can be
improved as outlined in questions 3, 4, 5 of Chart 4 and
questions 2, 3, 4 of Chart 5 in the “Guide for Selecting
Mitigation Sites Using a Watershed Approach,” (available
here: http://www.ecy.wa.gov/biblio/0906032.html); or the
wetland is part of a priority restoration plan that achieves
restoration goals identified in the Shoreline Master Pro-
gram or other local or regional watershed plan, and
e. The wetland lies in the natural routing of the runoff, and
the discharge follows the natural routing, and
f. All regulations regarding stormwater and wetland man-
agement are followed, including but not limited to local
and state wetland and stormwater codes, manuals, and per-
mits, and
g. Modifications that alter the structure of a wetland or its
soils shall be appropriately permitted. Existing functions
and values that are lost shall be compensated/replaced.
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(rev. 6/19)
Stormwater LID BMPs required as part of New and Redevel-
opment projects can be considered within wetlands and their
buffers. However, these areas may contain features that render
LID BMPs infeasible. A site-specific characterization is
required to determine if an LID BMP is feasible at the project
site;
d. Table A Buffer Widths; Category I Wetlands - High level
of function for water quality improvement (8-9 points) and
low for habitat (less than 6 points); Category II Wetlands -
High level of function for water quality improvement and low
for habitat (score for water quality 8 – 9 points; habitat less
than 6 points);
e. G. Buffers and Setbacks; 6. Buffer Width Averaging - (c)
In no instance shall the buffer width be reduced by more than
25 percent of the standard buffer or be less than 25 feet.
f. H. Compensatory Mitigation Requirements - 2. Mitiga-
tion shall be required, and the applicant shall demonstrate such
actions, in the following order of preference:
a. Avoiding the impact altogether by not taking a certain
action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude
of the action and its implementation, by using appropriate
technology, or by taking affirmative steps to avoid or
reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
d. Reducing or eliminating the impact over time by preser-
vation and maintenance operations during the life of the
action;
e. Compensating for the impact by replacing, enhancing,
or providing substitute resources or environments; and/or
f. Monitoring the impact and taking appropriate corrective
measures.
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Chapter 7 - Public Access
(rev. 6/19)
Chapter 7
Shoreline Public Access
SECTIONS:
7.1 Introduction
7.2 Background
7.3 Public Access Policies
7.4 Public Access Development Regulations
7.1 Introduction
Port Townsend is a uniquely situated jurisdiction. An attractive destination
for travelers because of the geography and historic setting, it is also a stop
along the state highway linking to Whidbey Island and points north and east.
The State Parks, Centrum, and the Wooden Boat Festival, among others,
attract large numbers of visitors from far and wide annually. Inarguably, the
economic vitality of the City is bolstered by the public access to and
enjoyment of the shorelines.
Shoreline public access is the physical ability of the general public to reach
and touch the water’s edge or the ability to have a view of the water and the
shoreline from upland locations. There are a variety of types of public
access, including docks and piers, boat launches, pathways and trails,
promenades, street ends, picnic areas, beach walks, viewpoints and others.
An important goal of the Shoreline Management Act is to protect and
enhance public access to the state’s shorelines. Specifically, the SMA states:
RCW 90.58.020: “[T] he 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.
“Alterations of the natural conditions of the shorelines of the state, in those
limited instances when authorized, shall be given priority for...development
that will provide an opportunity for substantial numbers of people to enjoy
the shorelines of the state.”
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Chapter 7 - Public Access
Public access and use of the shoreline is supported, in part, by the Public
Trust Doctrine. The essence of the doctrine is that the waters of the state
are a public resource owned by and available to all citizens equally for
the purposes of navigation, conducting commerce, fishing, recreation
and similar uses and that this trust is not invalidated by private
ownership of the underlying land. The doctrine limits public and private
use of tidelands and other shorelands to protect the public's right to use
the waters of the state. The Public Trust Doctrine does not allow the
public to trespass over privately owned uplands to access the tidelands. It
does, however, protect public use of navigable water bodies.
Requiring public access on privately owned property as a condition of
development has been the subject of considerable legal review. Our state
Constitution and the U.S. Constitution provide both the authority for
conducting the activities necessary to carry out the Shoreline
Management Act and significant limitations on that authority. While the
SMA stresses the need for public access, our state and the U.S.
Constitution provide for protection of certain private property rights.
Where public access is required as a permit condition, the courts have
stated that there must be a rational and roughly proportionate connection
between the project’s impact on public access and the public access
requirement. Certain state statutes, such as RCW 82.02.020, also impose
limitations on the regulation of private property.
7.2 Background
This Public Access Chapter is preceded by several planning efforts to
maintain and enhance public access to the shoreline in Port Townsend.
The public access policies and strategies included in this Master Program
build on those established in past planning documents.
Relevant policies and development guidelines from two of these plans,
the 1990 Port Townsend Urban Waterfront Plan and the 1992
Comprehensive Public Access Plan, have been incorporated into this
Master Program. Recommended public access enhancement projects are
described in Appendix G. To facilitate permit administration, the “stand
alone” plans shall be retired upon adoption of the Master Program.
1990 Port Townsend Urban Waterfront Plan identified the importance of
providing and maintaining safe and convenient public access to Port
Townsend's shoreline. The Urban Waterfront Plan specifically
encouraged provisions for a "Waterwalk Trail" route.
1992 Comprehensive Public Access Plan - In keeping with the special
character of Port Townsend, the 1992 Comprehensive Public Access
Plan intended to celebrate the special qualities found along the
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Chapter 7 - Public Access
waterfront by recommending modest access improvements coordinated
with existing informal trails, street ends and access points. The 1992
Comprehensive Public Access Plan also included specific design
guidelines intended to help developers and permit administrators in
providing well-designed public access improvements.
Following are three additional plans implementing public access
provisions that remain in effect and shall be implemented in concert with
this Shoreline Master Program include:
Gateway Development Plan – Adopted by the City Council in August
1993, the Gateway Plan identifies specific transportation improvements
for capital development and establishes development guidelines for the
Sims Way/S.R. 20 corridor from the Port Townsend City limits to the
Washington State Ferry Terminal. Guidelines within the Gateway plan
focus on traffic safety, streetscape improvements and aesthetics, and
economic vitality.
Non-Motorized Transportation Plan (NMTP) – A functional plan,
expressly required by the City’s Comprehensive Plan, the NMTP is
guides and promotes the development of improved facilities for
pedestrians (including those in wheel chairs), bicyclists, and transit users.
It is primarily a transportation plan that seeks to identify a network of
pedestrian walkways, and bikeways to connect neighborhoods with
parks, schools, commercial areas, and other destinations. Enhancement
of recreational opportunities is a secondary benefit that accrues from the
NMTP
Parks, Recreation, and Open Space Plan – Also a functional plan,
required by the City’s Comprehensive Plan, the Parks, Recreation &
Open Space Plan documents park, recreation, and open space needs. The
plan provides focus and direction for future development of programs,
facilities and funding sources.
7.3 Public Access Policies
General Policies
Policy 7.3.1 Seek to maintain and enhance public access, both physical and
visual, throughout the City's shoreline. Access should be provided
for a range of users including pedestrians, bicyclists, boaters and,
to the extent feasible, people with disabilities. Access
opportunities should be varied, ranging from urban water walks to
viewing platforms of natural areas.
Policy 7.3.2 Encourage the use of public access facilities to actively educate
and inform the public on the importance of environmental
protection of the shoreline jurisdiction. Work in partnership with
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Chapter 7 - Public Access
local entities (e.g., Jefferson Marine Resources Committee, WSU
Jefferson Extension, Port Townsend Marine Science Center, North
Olympic Salmon Coalition, Jefferson Conservation District, Hood
Canal Coordinating Council, and others) to implement this policy.
Policy 7.3.3 Locate and design public access in a manner that does not interfere
with ecological functions or wildlife habitat.
Policy 7.3.4 Link recreational and public access opportunities together via
trails, beach walks and water routes whenever appropriate. Where
practical, access points link to non-motorized transportation routes,
such as bicycle and hiking paths, and kayak/canoe routes.
Policy 7.3.5 Along the Historic Waterfront and Urban environments, seek a
public pedestrian walkway system (dubbed urban water walk)
utilizing a combination of natural beaches, pathways, piers,
wharves, street-ends, sidewalks, stairways, or other improvements.
Although it may not be feasible for the walkway system to be
continuous along the water’s edge throughout the entire area, it
should promote quality pedestrian access to and along major
portions of the waterfront. The public’s ability to physically walk
along the beach is a priority and thus extending boardwalks over
the beach should be limited. Recommendations for the urban
water walk are included in Appendix G.
Policy 7.3.6 Incorporate public access provisions into the review and approval
of all public and private development projects including land
divisions. Exceptions may be considered for the following:
a. Single-family dwelling units;
b. Where deemed inappropriate due to health, safety and
environmental concerns; and
c. Restoration projects.
Policy 7.3.7 Require new development that impacts public access to mitigate
through the provision of on-site visual and physical public access,
unless such access is shown to be incompatible due to reasons of
safety, security, or impact to the shoreline. In lieu of on-site
improvements, the Shoreline Administrator may allow for off-site
improvements if said improvements would provide a greater public
benefit (WAC 173-26-221 (4)(c) and (d)).
Policy 7.3.8 Preserve and enhance public views from the shoreline upland
areas. Enhancement of views should not be construed to mean
excessive removal of native vegetation that partially impairs views.
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Chapter 7 - Public Access
(See Section 9.3, Chapter 9, Alteration of Natural Landscape –
Clearing, Grading and Vegetation Removal).
Policy 7.3.9 Foster public access through a variety of approaches including
purchase of key segments, encouraging public and private
partnerships, and working with developers to explain the benefits
of incorporating public access and recreation.
Beachwalks
Policy 7.3.10 Preserve beachwalks as unimproved public access. Beachwalks
are unmarked sections of intertidal land upon which the public has
rights of passage in accordance with the Public Trust Doctrine.
Beachwalks by definition are usually not passable on a 24-hour
basis due to tidal action.
Street Ends
Policy 7.3.11 Encourage the use of street ends and other publicly owned or
controlled lands to increase public access to shoreline areas.
Policy 7.3.12 Develop street end access and viewpoints. Improvements to and
linkages between these street-ends should be determined by the
physical characteristics of the shorelines, existing development
patterns, potential for structural improvements, and other factors
relevant to developing a continuous pedestrian system. Street ends
appropriate for shoreline access/viewpoints include but are not
limited to:
a. South shore: Thayer, Decatur, Kearney, Gaines, Scott,
Walker, Calhoun, Tyler, Adams, Quincy, and Monroe
Streets;
b. East shore: Clay, Taft, Reed, W Street;
c. North shore: Gise Street, Cook Avenue, and Elmira Street;
d. Kah Tai Lagoon: Garfield Street.
Policy 7.3.13 Ensure that use of street ends for parking does not physically block
public access to the shoreline or degrade the scenic qualities of the
City as viewed from the water. (See Parking Facilities, Section
8.11, Chapter 8)
Policy 7.3.14 Identify and bring into compliance uses that unlawfully encroach
on public access areas, unless a street use agreement has been
made between the City of Port Townsend and the proponent of the
use.
Policy 7.3.15 Develop a prioritized list of improvements to street ends. Cost
effectiveness shall be a key element in prioritizing the proposed
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Chapter 7 - Public Access
improvements. Recommended street end improvements are
provided in Appendix G.
Design
Policy 7.3.16 Public access improvements should be designed and constructed
to:
a. Look and “feel” welcoming to the public and be usable by
the greatest number and diversity of people including, to the
extent possible, the physically handicapped.
b. Connect to public areas, street-ends and other pedestrian or
public thoroughfares.
c. Be as close as possible to the water's edge while preserving
the natural character of the shoreline and protecting
ecological functions and processes of shorelines and/or their
associated wetlands.
d. Be compatible with the surrounding character and
appropriate for the anticipated intensity of use. In general,
the higher the intensity of development and use, the more
formal and durable the improvements should be.
e. Enhance Port Townsend’s character, including the historic
and economic activity of downtown, the marine industry
heritage associated most strongly with ports, and the high
quality natural areas.
f. Avoid conflicts with water-dependent uses.
g. Provide for public safety and to minimize potential impacts
to private property and individual privacy and security.
h. Require a low level of operation and maintenance.
i. Ensure that construction (i.e., structures, trails and access
pathways) incorporates environmentally sensitive design
and materials (e.g., use non-toxic, natural materials).
Access to Kah Tai Lagoon and Chinese Gardens
Policy 7.3.17 Encourage viewpoints along the shoreline of Kah Tai Lagoon and
Chinese Gardens; however, the needs of wildlife, including
migratory waterfowl, should be the primary consideration in their
location and design.
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Chapter 7 - Public Access
Policy 7.3.18 Limit public access to Kah Tai Lagoon and Chinese Gardens to
passive recreation such as walking, bicycling, and wildlife viewing
in designated areas (e.g., trails and viewpoints).
Policy 7.3.19 Encourage trail and access restrictions to Kah Tai Lagoon and
Chinese Gardens, such as, but not limited to: pet leash
requirements, requirement to clean pet waste, hours of use,
available trash cans, etc. to reduce potential environmental
damage.
7.4 Development Regulations
General Requirements
DR-7.4.1 Developments, uses, and activities shall be designed and operated
to avoid blocking, reducing, or adversely interfering with the
public's visual or physical access to the water and the shorelines.
DR-7.4.2 Except as provided in regulations 7.4.4 and 7.4.5, shoreline
substantial developments or conditional uses shall provide public
access where any of the following conditions are present:
a. Where a development or use will create increased demand
for public access to the shoreline, the development or use
shall provide public access to mitigate this impact.
b. Where a development or use will interfere with an existing
public access way, the development or use shall provide
public access to mitigate this impact. Developments may
interfere with accesses on their development site by
blocking access or by discouraging use of existing on-site or
nearby access.
c. Where this Master Program permits a use that is not a
priority shoreline use under the Shoreline Management Act
(see definition of “Priority Use”) on a shoreline of the state,
public access provisions may be required in exchange for
flexible use standards.
d. Where a use or development will interfere with a public use
of lands or waters subject to the public trust doctrine, the
development shall provide public access to mitigate this
impact.
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Chapter 7 - Public Access
DR-7.4.3 Required public access may include the preservation of shoreline
views, the establishment of public access easements to and along
the shoreline, enhancement of an adjacent street-end or park or
other consideration commensurate with the degree of impact
caused by the development.
DR-7.4.4 Public access is not required if, the applicant can demonstrate, to
the satisfaction of the City, that constitutional and or statutory
limitations would be violated.
DR-7.4.5 Alternatives to on-site, physical access to the shoreline may be
approved if the applicant can demonstrate to the satisfaction of the
City that one or more of the following conditions exist:
a. Unavoidable health or safety hazards to the public exist
which cannot be prevented by any practical means;
b. Access is not feasible due to the configuration of existing
parcels and structures, such that access areas are blocked in
such a way that cannot be reasonably remedied by the
proposed development;
c. Inherent security requirements of the proposed development
or use cannot be satisfied through the application of
alternative design features or other solutions;
d. The cost of providing on-site access, easement, or an
alternative amenity is unreasonably disproportionate to the
total long-term cost of the proposed development;
e. Unacceptable environmental harm which cannot be
mitigated, such as damage to spawning areas or nesting
areas, will result from the public access; or
f. Significant undue and unavoidable conflict between the
proposed access and adjacent uses would occur and cannot
be mitigated.
Provided further, that the applicant has first demonstrated and
the City has determined that all reasonable alternatives have
been exhausted, including but not limited to:
a. Regulating access by such means as limiting hours of use to
daylight hours.
b. Designing separation of uses and activities, with such means
as fences, terracing, hedges, and landscaping.
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Chapter 7 - Public Access
DR-7.4.6 When allowed under DR-7.4.5, alternative shoreline access must
result in an equal or greater public benefit. Alternatives may
include but are not limited to:
a. Publicly accessible rooftop decks.
b. Off-site public access, such as improvements to a nearby
street end, an offsite viewpoint, or a trail system, purchase
of land or an easement at a location appropriate for future
access improvements.
c. A payment in lieu agreement with the City in accordance
with RCW 82.02.020 (relating to fees associated with
development).
DR-7.4.7 Off-site public access, when required, must meet the same
standards and requirements as on-site public access.
DR-7.4.8 In providing visual access to the shoreline, the native vegetation
shall not be excessively removed either by clearing or by topping.
(Note: Trimming of trees and vegetation may be allowed, pursuant
to Section 9.3 of this Master Program).
DR-7.4.9 When required, public access sites shall be fully developed and
available for public use at the time of occupancy or use of the
development or activity, except where the decision maker
determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. If on- or over-
the water, development shall be constructed to minimize
interference with physical access along the beach and views from
surrounding properties, to the shoreline and adjoining waters,
including locating structures as far landward as possible.
Physical Access and Easements
DR-7.4.10 Where on-site physical access is appropriate, the development
shall dedicate, improve, and provide maintenance for a pedestrian
easement that provides area sufficient to ensure usable access to
and along the shoreline for the general public.
DR-7.4.11 Public access easements shall be designed to accommodate the
anticipated intensity of use, generally ranging from a minimum
twelve-foot width easement in less traveled residential areas to a
minimum 25-foot width in more intensely urbanized areas. Where
deemed necessary to protect environmental functions, the easement
shall accommodate a buffer of native vegetation between the
OHWM and the public access walkway/viewpoint.
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Chapter 7 - Public Access
DR-7.4.12 A reduced width access easement may be allowed to facilitate
redevelopment of existing structures that encroach into the
easement area, provided that the easement and design of the access
is sufficient to provide safe access or alternative shoreline access is
provided.
DR-7.4.13 Public access easements and permit conditions shall be recorded in
an appropriate manner, such as on the deed where applicable or on
the face of a plat or short plat as a condition running in perpetuity
with the land. Said recording with the Auditor's office shall occur
at the time of permit approval (RCW 58.17.110; relating to
subdivision approval or disapproval) and prior to the issuance of
any land disturbing or construction permits.
DR-7.4.14 The standard state approved logo or other approved signs that
indicate the public's right of access and hours of access shall be
constructed, installed, and maintained by the applicant in
conspicuous locations at public access sites. Signs should be
designed to distinguish between public and private areas. In
accordance with the regulations in this section, signs controlling or
restricting public access may be approved as a condition of permit
approval.
DR-7.4.15 Future actions by the applicant or other parties shall not diminish
the usefulness or value of the public access site.
Design
DR-7.4.16 Public access sites shall be connected directly to the nearest public
area (e.g., street, public park, or adjoining public access easement),
typically the nearest public area. Where connections are not
currently possible, the site shall be designed to accommodate
logical future connections. In either case, the design shall take into
consideration the priority placed on protecting physical access
along the beach (i.e., boardwalk connections that interfere with
physical access along the adjoining beach area are discouraged).
DR-7.4.17 Public access sites shall be made barrier free for the physically
disabled, where feasible, and designed consistent with the
Americans with Disabilities Act.
DR-7.4.18 Public access landscape design shall use predominantly native
vegetation (i.e., 80% or greater), particularly drought-resistant and
saline tolerant plant species. Landscape buffers may be required
where desirable to provide public/private space separation.
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Chapter 7 - Public Access
DR-7.4.19 Public access shall be designed to achieve no net loss of ecological
functions. Where impacts are identified, mitigation shall be
required. Materials shall be:
a. Consistent with the character of the shoreline and the
anticipated intensity of use. For example "formal" (e.g.
concrete sidewalks, colonnade) elements in the downtown
or "informal" design elements (e.g. log benches, dune grass
and gravel paths) in the North Beach neighborhood.
b. Durable, capable of withstanding exposure to the elements;
and
c. Wherever financially feasible and practical, environmentally
friendly materials and technology in such things as building
materials, paved surfaces, porous pavement, etc., shall be
used.
Public/Private Separation
DR-7.4.20 Public access facilities shall look and feel welcoming to the public,
and not appear as an intrusion into private property.
DR-7.4.21 Natural elements such as logs, grass, shrubs, and elevation
separations are encouraged as means to define the separation
between public and private space.
DR-7.4.22 New multi-family residential development bordering public space
designed for shoreline access shall be at least 3-feet higher than
adjacent pathways to provide a visual privacy separation between
uses (i.e., the grade separation may not be required for sidewalks
on the upland side of a residence).
Amenities
DR-7.4.23 Furniture used in public access areas shall be appropriate for the
proposed level of development, and the character of the
surrounding district. For example, large urban projects should
provide formal benches of the type found in the Main Street
Streetscape Design Guidebook (adopted by Ordinance 2143, 1-17-
89); for smaller projects in less-developed districts, simpler, less
formal benches, or suitable alternatives would be appropriate.
DR-7.4.24 The City may require the installation of benches, bicycle racks, pet
waste, garbage and recycling receptacles, educational signage, and
other street furniture at shoreline public access points
commensurate with the degree of project impact. Where required,
a. Benches shall be set back from a walkway or path so
pedestrians will still have room to walk by when the
benches are in use. At least four (4) feet of unobstructed
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Chapter 7 - Public Access
pathway width should remain where benches are placed on
pathways. Benches may be built without backs and should
be at least 4 to 5 feet in length.
b. Provisions for maintenance shall be required as a condition
of permit approval.
c. Educational signage should be used to identify unique
natural features, maritime uses and historical landmarks.
Parking
DR-7.4.25 Parking associated with Public Access shall comply with
applicable parking requirements in Chapter 8, Specific Uses,
Section 8.11. Section 8.11 includes specific development
regulations for Vista parking facilities.
Southern Shoreline
DR-7.4.26 Public access pathways in the Urban, Historic Waterfront, Boat
Haven and Point Hudson environments should be sited to
maximize views of the water and access along the water's edge.
DR-7.4.27 Improvements within the Historic Waterfront are subject to the
design guidelines codified in Chapters 17.30PTMC.
Improvements westerly of the ferry terminal should also be
reviewed for compatibility and consistency with the urban design
guidelines set forth in the Gateway Development Plan.
Kah Tai Lagoon and Chinese Gardens
DR-7.4.28 New development associated with providing access to Kah Tai
Lagoon or Chinese Gardens, such as parking and restrooms, shall
be located outside of the shoreline jurisdiction area to the extent
feasible.
DR-7.4.29 Where public access is to be provided at Kah Tai Lagoon or
Chinese Gardens, the following requirements shall apply:
a. The trail shall be no wider than 8 feet, plus 1-foot gravel
shoulders, for a maximum width of 10 feet.
b. Where feasible, taking into account the location of available
public rights-of-way, new trail alignments shall be placed
toward the landward edge of wetland buffers, except to
provide direct access to the water or viewing platforms.
c. When within wetlands or their required buffers mitigation will
be required per Chapter 6, Environmental Protection, and the
City’s Critical Areas regulations.
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Chapter 7 - Public Access
d. Restoration/mitigation within the wetland buffer between the
trail and the ordinary highwater mark shall typically be in
place prior to or in concert with construction of the trail.
Exceptions may be granted to allow for planting in the
appropriate season for the prescribed plant species.
e. Other conditions as described in Kah Tai or Chinese
Gardens management plans, if adopted.
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Chapter 8 - Specific Use Policies and Development Regulations
Chapter 8
Specific Use Policies and
Development Regulations
SECTIONS:
8.1 Introduction
8.2 Advertising and Signs
8.3 Agriculture
8.4 Aquaculture
8.5 Boat Launches
8.6 Commercial Development
8.7 Industrial and Port Facilities
8.8 Marinas
8.9 Mining
8.10 Mooring Buoys
8.11 Parking Facilities
8.12 Recreational Facilities
8.13 Residential Development
8.14 Scientific, Cultural and Education Facilities
8.15 Transportation Facilities
8.16 Utilities
8.1 Introduction
Development and use proposals may involve a number of uses and
shoreline modifications and must comply with the policies and regulations
for each. For example, uses associated with a new marina may include
boat launches, industrial and port facilities, parking facilities, and
recreational facilities. Construction of a marina may involve numerous
shoreline modifications, including dredging, dredge spoil disposal, a jetty,
and perhaps landfill. Each project is reviewed for compliance with the
applicable “use” policies and regulations in this Chapter and with the
applicable “modification” policies and regulations in Chapter 9.
All shoreline developments and uses must comply with the policies and
standards of this Master Program whether or not a shoreline substantial
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Chapter 8 - Specific Use Policies and Development Regulations
development permit is required. Specific conditions that ensure such
compliance may be attached as a condition of permit approval.
Shoreline uses specifically listed as “prohibited” shall not be eligible for
consideration as a shoreline variance or shoreline conditional use permit.
However, if the use is permitted, deviations from the minimum
performance standards may be approved under a shoreline variance unless
specifically stated otherwise.
The performance standards contained herein augment standards
established through other land development regulations. Where conflict
arises between these and other applicable controls, the regulations that
provide more protection to the shoreline area shall apply.
This chapter provides specific policies and regulations for the following
types of specific uses. Refer to Chapter 9 for shoreline modifications:
a. Advertising and Signs
b. Agriculture
c. Aquaculture
d. Boat Launches
e. Commercial Development
f. Industrial and Port Facilities
g. Marinas
h. Mining
i. Mooring Buoys
j. Parking Facilities
k. Recreational Facilities
l. Residential Development
m. Scientific, Cultural and Education Facilities
n. Transportation Facilities
o. Utilities
Uses not classified (i.e., “unclassified uses”) under this master program
shall be processed as conditional uses.
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Chapter 8 - Specific Use Policies and Development Regulations
8.2 Advertising and Signs
Outdoor advertising and signs include publicly displayed messages on
signs, billboards, placards, or buildings that direct attention to
promotion of a business, service, or product, or for public notice,
transportation, or direction.
Outdoor advertising is regulated by the Port Townsend sign code (e.g.,
billboards and off-premise signs, except for sandwich boards in the
downtown Historic district, are prohibited everywhere in the City.
Also prohibited are flashing, rooftop and moving signs).
Policies
Policy 8.2.1 Ensure that signage within the shoreline jurisdiction complies with
the City’s Sign regulations codified in Chapter 17 of the Port
Townsend Municipal Code.
Policy 8.2.2 Ensure that signs are compatible with the shoreline environment
and adjacent land and water uses through appropriate design and
placement.
Policy 8.2.3 Avoid degradation of vistas and viewpoints and ensure visual
access to the water from such vistas by appropriately locating
signs.
Development Regulations
DR-8.2.1 Outdoor advertising and signs shall be in conformance with the
City of Port Townsend sign regulations codified in Chapter 17 of
the Port Townsend Municipal Code.
DR-8.2.2 Delineated vistas (Appendix B) or viewpoints shall be kept free of
advertisement signs.
DR-8.2.3 Signs directed toward the water shall be limited to:
a. Directional signage associated with a marina, and
b. Signage on buildings with a waterside entrance. .
DR-8.2.4 Over-water signs or signs on floats or pilings (signs in all areas
below OHWM) shall be limited to those that are a necessary part
of approved in-water or over-water uses and shall generally be
limited to signs for navigation, safety, identification, or public
information.
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.2.5 Artificial lighting for signs shall be directed or beamed away from
the water, public streets, or adjacent premises so as to not cause
glare reflection that may constitute a traffic or boating hazard or
nuisance.
DR-8.2.6 Flashing and blinking signs are not permitted on the shoreline area.
No sign or part thereof shall consist of banners, posters, streamers,
spinners, or other similar moving devices.
DR-8.2.7 No signs shall be constructed or operated in a manner that obscures
or detracts from the effectiveness of navigational aids.
8.3 Agriculture
Agriculture includes the cultivation of soil, production of crops, or the
raising of livestock. In Port Townsend, limited agricultural activities may
(and do) occur within some residential zones, but more intense agricultural
uses are not allowed by the City’s development regulations and are not
present in the shoreline area. Construction and practices normal for an
existing ongoing agricultural use are exempt under the Shoreline
Management Act.
Policies
Policy 8.3.1 Limit agriculture uses to those allowed in the Shoreline Residential
environment consistent with the underlying zoning. Agriculture
uses shall be prohibited from all other environments.
Policy 8.3.2 Require buffer zones of permanent vegetation between tilled areas
and associated water bodies in order to retard surface runoff,
reduce siltation, and promote valuable shade for fish habitats.
Development Regulations
DR-8.3.1 Agriculture uses shall only be permitted in the Shoreline
Residential environment and shall be limited to those agricultural
uses permitted by the underlying residential zoning. Agricultural
uses are prohibited from all other shoreline environments.
DR-8.3.2 An agricultural activity waterward of the ordinary high water mark
is prohibited.
DR-8.3.3 Shoreline waters shall not be used for livestock watering.
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.3.4 A buffer of permanent native vegetation shall be established and
maintained between areas used for cultivation or intensive grazing
and adjacent water bodies and wetlands. The plant composition
and width of the buffer shall be based on the site conditions,
including type of vegetation, soil types, drainage patterns, and
slope. The buffer shall, however, not be less than one hundred
(100) feet wide as measured landward and perpendicular to the
ordinary high water mark. The buffer shall be of sufficient width
and vegetation shall be sufficiently enhanced to retard runoff,
reduce sedimentation, and provide riparian habitat. Buffers shall
include fencing to prevent encroachment.
DR-8.3.5 Erosion control measures shall conform to guidelines and
standards established by the U.S. Soil Conservation Service and
the U.S. Department of Agriculture.
DR-8.3.6 Pesticides shall be used, handled, and disposed in accordance with
provisions of the Washington State Pesticide Application Act
(RCW 17.21) and the Washington State Pesticide Act (RCW
15.57) to prevent contamination and sanitation problems.
DR-8.3.7 Livestock waste shall be disposed in a manner that will prevent
surface or ground water contamination.
8.4 Aquaculture
Aquaculture is the farming or culturing of aquatic organisms. Aquaculture
encompasses a wide variety of activities including hatching, seeding,
planting, cultivating, feeding, raising, and harvesting of plants and
animals. These activities may have widely differing impacts on the aquatic
and shoreline environment.
Those activities that do not meet the definition of development in this
Master Program, such as beach culturing for restoration of a native species
and recreational hand harvesting, are not subject to the shoreline permit
requirements of the Shoreline Management Act and this Master Program.
Additionally, harvesting by Tribal entities is exempt from compliance with
the City’s Shoreline Master Program pursuant to state-tribe treaties.
Aquaculture can be carried out in subtidal, intertidal, upland, and fresh
water areas. The subtidal area is seaward of the line of extreme low tide.
The intertidal area is seaward of the ordinary high water mark and
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Chapter 8 - Specific Use Policies and Development Regulations
landward of the line of extreme low tide. The upland area is landward of
the ordinary high water mark.
Policies
Policy 8.4.1 Limit aquaculture within the City’s shoreline jurisdiction to the
following:
a. Geoduck harvesting within Department of Natural
Resources tracts;
b. Aquaculture for recovery of a native population; and,
c. Seafood culturing, harvesting and processing activities
occurring upland of the OHWM within the Boat Haven
Marina and Marine Trades District only, including related
minor improvements within the adjacent Aquatic
designation necessary to support the upland use (e.g., small
scale water intakes and clean water outfalls).
Policy 8.4.2 Ensure that, when permitted, aquaculture developments are
located, designed and operated in a manner that is compatible with
existing uses and in keeping with the natural shoreline
environment and the environmental protection and restoration
policies of this Master Program.
Policy 8.4.3 Protect established aquaculture operations from incompatible uses
that may seek to locate nearby. Demonstration of a probability that
such an adjacent use would result in damage to, or destruction of
such an aquaculture operation shall be grounds for the denial of
that use.
Development Regulations
DR-8.4.1 The following aquaculture activities may be permitted:
a. Shellfish seeding/culturing when conducted for native
population recovery in accordance with a government/tribal
approved plan.
b. Seafood culturing, harvesting and processing activities
occurring upland of the OHWM within the Boat Haven
Marina and Marine Trades District only, including related
minor improvements within the adjacent Aquatic
designation necessary to support the upland use (e.g., small
scale water intakes and clean water outfalls).
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Chapter 8 - Specific Use Policies and Development Regulations
c. Commercial geoduck harvesting, when permitted by the
Department of Natural Resources (DNR) on a DNR tract.
All other aquaculture developments and activities are prohibited
within the shoreline jurisdiction, including fish pens and
commercial shellfish seeding/culturing.
DR-8.4.2 Processing of aquaculture products shall not occur in or over the
water except for sorting or culling of organisms and washing or
removal of surface materials or organisms. All other processing
facilities shall be located on land.
Geoduck Harvesting
DR-8.4.3 Geoduck harvesting shall not be permitted in kelp beds or in
eelgrass beds unless approved by the Washington State
Department of Fisheries.
DR-8.4.4 Proposals for mechanical harvesting that involve substantial
substrate modification shall be evaluated using the policies and
performance standards for Dredging (Section 9.5) in addition to
the provisions of this section.
DR-8.4.5 Applications for geoduck harvest shall be submitted on forms
provided by the City of Port Townsend and shall include but are
not limited to, the following information:
a. Tract size and location;
b. Harvesting techniques;
c. A description of associated upland operations (e.g., truck
transportation, processing, etc.);
d. Hours of operation;
e. A description of existing shoreline conditions (including
flora, fauna, natural processes, and adjacent uses);
f. Relationship to other permits, rules, and regulations;
g. Proposed method for marking tract boundary.
DR-8.4.6 Commercial geoduck harvesting may be allowed as a permitted
use when permitted by the Department of Natural Resources and
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Chapter 8 - Specific Use Policies and Development Regulations
provided that the applicant demonstrates that the location, design,
and operation of the harvest will not:
a. Conflict with existing adjacent uses either directly (e.g.,
obstructing navigational channels) or indirectly (e.g.,
noise). Limitations on hours of operation may be required
to protect adjacent uses.
b. Cause a significant adverse impact on natural shoreline
processes;
c. Cause significant adverse cumulative impacts (i.e.,
aquaculture operations should be adequately spaced).
d. Degrade critical habitat areas or environmental restoration
sites;
e. Interfere with the migration of aquatic organisms except
where specifically intended by the design or operation of
the facility; or
f. Significantly degrade aesthetic quality of the state's
shorelines.
8.5 Boat Launches
Boat launches are slabs, pads, planks, rails, cranes or graded slopes used
for launching boats by means of a trailer, hand, or mechanical device.
Policies
Policy 8.5.1 Maintain existing boat launch areas at Boat Haven Marina, Monroe
Street (Salmon Club), at Point Hudson and at Fort Worden State
Park for future Port, commercial and recreational uses. The boat
ramp at North Beach Park should not be rebuilt; it should be
removed and the beach should be restored.
Policy 8.5.2 Install, maintain and rebuild boat launches in such a manner as to
minimize adverse affects on natural and physical shoreline
resources.
Development Regulations
General
DR-8.5.1 Boat launches for Port, commercial or public recreational uses may
be permitted in the following shoreline environments: Boat Haven,
Historic Waterfront, Urban, Point Hudson, and Conservancy and
associated Aquatic areas.
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.5.2 New boat launches requiring shoreline modifications shall be
allowed only as conditional uses due to their potentially significant
impacts to the shoreline environment.
DR-8.5.3 Designation of a new hand launch-site where improvements are
limited to installation of public-access signage valued at $5,000 or
less shall be exempt from a Shoreline Substantial Development
Permit.
DR-8.5.4 Reconstruction of an existing launch (except the North Beach
launch that has been identified as a restoration site) is a permitted
use.
Design Standards
DR-8.5.5 Boat launches and ancillary facilities shall be located, designed,
constructed, and operated as to:
a. Minimize adverse affects of fish, shellfish, wildlife, water
quality, and existing geohydraulic shoreline and stream
processes;
b. Be clearly separated from nearby swimming areas;
c. Provide adequate on-shore sewage and waste disposal
facilities and a means for effective operation; and
d. Be compatible with adjacent uses.
DR-8.5.6 Associated docks and floats shall conform to the applicable
policies and performance standards of this Master Program.
DR-8.5.7 Associated parking and loading areas shall:
a. Comply with the City of Port Townsend’s Parking Code
(PTMC 17.72) and Section 8.11 of this Master Program;
b. Provide adequate off-road parking and loading areas;
c. Facilitate orderly launching and retrieval of boats, as well
as the movement of vehicles and trailers in the launching
area;
d. Provide ample room for the handling and maneuvering of
boat trailers;
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Chapter 8 - Specific Use Policies and Development Regulations
e. Be located away from the immediate water's edge and
beaches; and
f. Ensure that surface runoff does not pollute adjacent waters
or cause soil or beach erosion.
8.6 Commercial Development
Commercial development means those uses and facilities that are involved
in wholesale or retail trade or business activities. Examples include but
are not limited to hotels, motels, grocery stores, restaurants, shops, offices,
and indoor recreation facilities. This is a broad category that mostly
applies to the downtown area where most of the detailed development
regulations are addressed by the underlying zoning. Proposals lying
within the C-II zoning district must comply with the city’s commercial
design standards (17.44 PTMC). Proposals within the C-III zoning district
are subject to historic design review pursuant to Sections 17.30 and 17.80
PTMC.
The design, layout and operation of certain commercial uses directly
affects their classification with regard to whether or not they qualify as
water-related or water-enjoyment uses.
Policies
Policy 8.6.1 Give priority to those commercial developments that are dependent
on shoreline locations or that allow a substantial number of people
to actively or passively enjoy the shoreline.
Policy 8.6.2 Prohibit over-water commercial uses, except to facilitate reuse of
existing structures, or as a minor accessory use to a public facility
(e.g., an espresso stand at the ferry terminal).
Policy 8.6.3 Design commercial uses in a manner that provides physical and
visual access to the water.
Policy 8.6.4 Design commercial uses adjacent to the ordinary high water mark
in a manner that provides landscaping and environmental
restoration at the water’s edge consistent with constitutional and
other limitations on the regulation of private property.
Development Regulations
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.6.1 Over-water construction of commercial uses is prohibited except as
follows:
a. The development of docks, boat launch ramps, or other
shoreline access facilities.
b. Commercial uses of existing over-water buildings may be
allowed to facilitate reuse of existing structures in the
Historic Waterfront environment.
c. Minor commercial uses that are accessory and clearly
incidental to an allowed use may be provided on publicly
owned docks and piers (e.g., espresso stand at the ferry
terminal; authorized ticket sales for a temporary, marine-
oriented event).
DR-8.6.2 Commercial development shall be subject to the design review
provisions of the Port Townsend Zoning code (Title 17 PTMC).
DR-8.6.3 All commercial development/redevelopment requiring a
Substantial Development or Conditional Use Permit within
shoreline jurisdiction shall provide for public visual and physical
access to the shoreline in accordance with Chapter 7, Public
Access, taking into consideration constitutional and statutory
limitations. Such provisions could be the preservation of shoreline
views, the establishment of public access easements across and to
the shoreline, enhancement of an adjacent street-end or park or
other consideration commensurate with the degree of impact
caused by the development.
DR-8.6.4 Bed and Breakfast establishments proposed within a Residential
zoning district are required to meet the policies and regulations for
both Residential and Commercial use.
8.7 Industrial and Port Facilities
Industry applies to those businesses or uses involved in the production,
processing, manufacturing, or fabrication of goods. Warehousing and
storage of materials or products is considered part of the industrial
process. Water-dependent industries are those that require location on the
shoreline by reason of the nature of their business. Ports are a specialized
subcategory of general industrial use. Port facilities are centers of water-
borne traffic and commerce. Industry and ports are both covered in this
section.
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Chapter 8 - Specific Use Policies and Development Regulations
Port and industrial developments are often associated with a number of
uses and modifications that are identified separately in this Master
Program (e.g., parking, dredging). Each use activity and every type of
shoreline modification should be carefully identified and reviewed for
compliance with all applicable sections.
Port and industrial facilities are intensive and have the potential to
negatively impact the shoreline environment. When impacts cannot be
avoided, impacts must be mitigated to assure no net loss of ecological
function necessary to sustain shoreline resources. Please refer to Chapter
6, Environmental Protection.
Policies
Policy 8.7.1 Reserve shorelines that are particularly suitable for water-
dependent and water-related industrial development for these uses.
Suitable shorelines have few environmental limitations, such as
critical areas. Industrial uses are encouraged to locate in areas
contaminated by past uses thus, allowing for environmental
cleanup/restoration to be incorporated into development plans.
Policy 8.7.2 Prohibit non-water-dependent industrial developments over water.
Policy 8.7.3 Require new industrial development to provide physical and visual
access to shorelines whenever possible, consistent with
constitutional and statutory limitations, and provided such access
does not interfere with industrial operations or endanger public
health and safety.
Policy 8.7.4 Encourage or require cooperative use of docks, cargo handing,
storage, parking, and other accessory facilities among private or
public entities in shoreline industrial areas.
Policy 8.7.5 Ensure that land transportation and utility corridors serving ports
and water-related industry follow the guidelines provided under the
sections dealing with utilities and transportation. Where feasible,
transportation and utility corridors should be located upland to
reduce conflicts with industrial operations.
Development Regulations
General
DR-8.7.1 Only water-dependent industry and water-related industry shall be
permitted in the shoreline jurisdiction.
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DR-8.7.2 Over-the-water construction of non-water-dependent industrial
uses is prohibited. This provision is not intended to preclude the
development of docks; piers or boating facilities that are necessary
for the operation of a water-dependent industrial use must be
located, designed, and operated in a manner consistent with the
provisions of this Master Program.
DR-8.7.3 Storage and/or disposal of industrial wastes are prohibited within
shoreline jurisdiction, unless specifically listed herein.
DR-8.7.4 The following uses may be permitted as a conditional use:
a. Bulk storage of oil, fuel, chemicals, or hazardous materials,
on either a temporary or a permanent basis, provided that
secondary containment and an emergency spill response
plan are included in the proposal.
b. Wastewater treatment and reclamation systems accessory to
a permitted use (also see “Utilities”), provided that
i. Alternate inland areas are unavailable and,
ii. The proposed location, design and operation are
compatible with existing and planned water-oriented uses.
Design
DR-8.7.5 Industrial and port facilities shall be located, designed, constructed,
and operated so as to minimize impacts to shoreline resources and
unnecessary interference with the right of adjacent property
owners, as well as adjacent shoreline or water uses. To this end,
applications for industrial/port facilities must demonstrate
conformance with the following criteria. The proposal shall:
a. Comply with all federal, state, regional, and local
requirements regarding air and water quality including but
not limited to those contained in Chapter 6, Environmental
Protection. No pollution of air by fly-ash, dust, vapors,
odors, smoke, or other substances shall be permitted that
are harmful to health, animals, vegetation, or other
property, or that can cause excessive soiling.
b. Incorporate adequate buffers or greenbelts to protect
adjacent non-industrial uses. All new or expanded
industrial development shall be set back and buffered from
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Chapter 8 - Specific Use Policies and Development Regulations
adjacent shoreline properties that are used for or zoned for
non-industrial purposes. As set forth in Section 5.13.19,
such buffering or greenbelt at Point Hudson shall include
landscaping, shrubs, trees and native vegetation as found to
be appropriate depending on the impact, and shall be
planted along the common boundary and grow to not more
than 12 feet or less than 8 feet in height, nor less than 10
feet in width, within five years, unless an alternate
landscaping plan that better meets the goal of Section 5.13
of this SMP is approved by the Shoreline Administrator
that better meets the goal of Section 5.13 of this SMP. In
all other instances, buffering shall be consistent with the
provisions of PTMC Section 17.22.020(C). Buffers shall
not be used for storage of industrial equipment or materials,
or for waste disposal. Buffers may be used for outdoor
recreation if consistent with public access provisions.
c. Maximize joint use of accessory facilities -industrial/port
facilities shall be designed and operated to promote joint
use of over-water and accessory facilities such as piers,
docks, storage, and parking whenever practicable.
d. Protect public views of harbor areas and other recognized
or officially delineated vistas. Private views of the
shoreline, although considered during the review process,
are not expressly protected. Property owners concerned
with the protection of views from private property are
encouraged to obtain view easements, purchase intervening
property and/or seek other similar private means of
minimizing view obstruction.
e. Separate unpaved storage from groundwater - Where
unpaved storage areas are proposed, provides a minimum
4-foot separation between the ground surface and the
highest seasonal water table.
f. Make adequate provision for fire and safety hazards -
i. The storage and handling of inflammable liquids,
liquefied petroleum gases and explosives shall
comply with rules and regulations falling under the
jurisdiction of the city fire chief, the laws of the state
and other local ordinances;
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Chapter 8 - Specific Use Policies and Development Regulations
ii. Bulk storage of inflammable liquids below ground
shall be permitted, and the tank shall be located not
closer to the property line than the greatest dimension
(diameter, length, or height of the tank).
iii. Adequate fire fighting, fire prevention and safety
equipment shall be provided as necessary to handle
materials stored or used on the site.
iv. Flammable/explosive/hazardous materials shall be
kept removed from adjacent activities to a distance
that is compatible with the potential danger involved.
v. Provisions shall be made to minimize the probability
of spills of fuel or other toxic substances and to
handle accidental spills that occur.
vi. Emission of dangerous radioactivity shall be
prohibited.
g. Prevent interference. - Provide for necessary shielding or
other measures to prevent on-site mechanical or electrical
equipment from interfering with the use of electrical
apparatus off-site.
h. Screen waste products – Liquid and solid wastes, storage of
animal or vegetable waste that attract insects or rodents or
otherwise create a health hazard shall be prohibited. No
such waste products shall be exposed to view from eye
level from any property line in the Boat Haven or Point
Hudson designation.
i. Noise and vibration are a normal part of marine industrial
operations. However, noise emanating from the premises
used for marine-related and manufacturing activities shall
be regulated under PTMC 9.08 and PTMC 17.22.020(D)(1)
as they now exist or may later be amended. Provided, the
shoreline administrator may impose permit conditions to
mitigate temporary noise or vibration associated with
authorized construction activities.
j. Exterior lighting shall not be used in such a manner that
produces glare on public areas or water bodies. Arc
welding, acetylene torch cutting or similar processes shall
be performed so as not to be seen from any point beyond
the property.
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Chapter 8 - Specific Use Policies and Development Regulations
k. Noxious odors shall be eliminated to the extent feasible.
Public Access
DR-8.7.6 Port and industrial facilities shall provide public access to
shoreline areas in accordance with Chapter 7, Public Access,
taking into consideration constitutional and statutory limitations,
public safety, health, and security. Where industrial use is
proposed for location on land in public ownership, public access
shall be required. Such provisions could be the preservation of
shoreline views, the establishment of public access easements
across and to the shoreline, enhancement of an adjacent street-end
or park or other consideration commensurate with the degree of
impact caused by the development.
8.8 Marinas
Facilities that provide launching, storage, supplies, moorage, and other
services for five or more pleasure and commercial watercraft.
Commercial development, not accessory to the operation of a marina, shall
comply with Section 8.6, "Commercial Development." Shoreline
modifications associated with marinas, including docks, piers, and floats,
shall also comply with Chapter 9 Shoreline Modifications.
Policies
Policy 8.8.1 Concentrate marina development at the Boat Haven and Point
Hudson marinas. Expansion of existing marinas shall comply with
the Port of Port Townsend Comprehensive Scheme of Harbor
Improvements. No new marinas should be developed.
Policy 8.8.2 Ensure that Marina expansions are located, designed, constructed
and operated in a manner that will minimize damage to shoreline
processes and functions. When impacts cannot be avoided,
impacts must be mitigated to assure no net loss of ecological
function necessary to sustain shoreline resources.
Policy 8.8.3 Ensure that marinas are located, designed and operated so as to be
compatible with adjacent uses and protect the aesthetic qualities of
the shoreline environment.
Policy 8.8.4 Consult the standards and guidelines of applicable federal, state
and local agencies in planning for marina expansion and new
mooring facilities.
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Chapter 8 - Specific Use Policies and Development Regulations
Policy 8.8.5 Give valid consideration to floating breakwaters as an alternative
to conventional breakwaters.
Development Regulations
DR-8.8.1 The following uses shall be prohibited:
a. New marinas
b. Covered moorage
c. Floating houses
DR-8.8.2 Marina expansions and new mooring buoy fields may be permitted
as a conditional use. Where permitted, these facilities shall be
located, designed, constructed, and operated so as to minimize
impacts to shoreline resources and unnecessary interference with
adjacent residential property owners, as well as adjacent shoreline
or water uses. To this end, applications for such facilities must
demonstrate conformance with the following criteria. The
proposal shall:
a. Locate with regard to favorable conditions related to wind,
current, bathymetrics, and for overnight moorage facilities,
adequate flushing action.
b. Comply with all federal, state, regional, and local requirements
regarding water quality, including, but not limited to,
Department of Health Standards and environmental policies and
regulations contained in Chapter 6, Environmental Protection.
c. Be compatible with the general aesthetic quality of the shoreline
area where they are located. Provide for adequate upland support
facilities (e.g., restrooms, dumpsters, etc.)
d. Provide accessory parking and loading areas - said facilities
shall be located well away from the water's edge and shall be
designed in accordance with Section 8.11, Parking.
e. Facilitate orderly launching, retrieval, and storage of boats as
well as circulation of vehicles and pedestrians in the vicinity of
the marina.
f. Marinas shall make provisions to minimize the probability of
fuel spills during handling or storage.
g. Make provisions shall be made to handle accidental spills that do
occur.
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h. Provide pump-out and on-shore sewage and waste disposal
facilities. Public/Port pump-out facilities shall be available at no
direct charge to the user.
8.9 Mining
Mining is the removal and primary processing of naturally occurring
materials from the earth for economic use. For purposes of this Master
Program, "processing" includes screening, crushing, and stockpiling of
materials removed from the site. Mining activities also include in-water
dredging activities related to mineral extraction. Processing does not
include general manufacturing, such as the manufacture of concrete.
Policies
Policy 8.9.1 Ensure that all mining activities occur in appropriately designated areas
outside of the Port Townsend shoreline jurisdiction.
Development Regulations
DR-8.9.1 Mining in all shoreline areas is prohibited.
8.10 Mooring Buoys
Mooring buoys are anchored devices in water bodies used for the
mooring of watercraft. If six or more buoys are proposed, the
proposal must also comply with polices and regulations under
“Marinas,” above.
Policies
Policy 8.10.1 Allow mooring buoys for transient boaters as a means to encourage
economic development and recreation. Designated mooring
buoys provide boaters with an alternative to anchoring in critical
eelgrass beds found along the city’s southern shoreline.
Policy 8.10.2 Limit the development and management of mooring buoys to the
City of Port Townsend, the Port of Port Townsend, Washington
State Parks, or other public or non-profit agency for public use.
Policy 8.10.3 Work with the Port of Port Townsend, Washington State Parks,
other public or non-profit agencies and the Department of Natural
Resources to identify a “carrying capacity” of mooring buoys for
Port Townsend Bay.
Policy 8.10.4 Prohibit mooring buoys where such installations will significantly
interfere with navigation.
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Chapter 8 - Specific Use Policies and Development Regulations
Policy 8.10.5 Discourage the placement of mooring buoys where sufficient dock
facilities exist.
Policy 8.10.6 Ensure that mooring buoys are located, designed, constructed and
operated in a manner that will minimize damage to sensitive
ecological areas such as eelgrass beds, or aquaculture resources or
facilities, except where the impacts of the mooring buoys will
replace existing and ongoing practices that cause greater ecological
degradation. (For example, the lesser impact of mooring buoys
may be a suitable alternative to the current impacts of boat
anchors.)
Policy 8.10.7 Ensure that mooring buoy fields are located, designed and operated
so as to be compatible with adjacent uses and protect the aesthetic
qualities of the shoreline environment.
Policy 8.10.8 Ensure that mooring buoys and the swing path of attached vessels
do not encroach on privately owned tidelands or the swing path of
a legally established or “grandfathered” moored boat and buoy.
Development Regulations
DR-8.10.1 Applications for public mooring buoys shall include an enforcement and
management plan that describes rules and regulations for public use.
DR-8.10.2 Private mooring buoys are prohibited.
DR-8.10.3 Mooring buoys shall comply with the following design standards:
a. Land based retrieval lines from mooring buoys shall be
prohibited.
b. Mooring buoys shall be located as close to the shore as feasible
while taking into consideration critical habitat. They shall not be
located farther waterward than adjacent mooring buoys unless the
draft and/or swing path of the boat dictates it.
c. Buoys must float at least 12" above the water and be a light or
bright color.
d. Mooring buoys shall be located no closer than 100 feet from
another mooring buoy, dock, pier, float, or other fixed
navigational obstruction, unless there is a written agreement
allowing for the encroachment with the parties affected, including
the subtidal property owner.
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Chapter 8 - Specific Use Policies and Development Regulations
e. Buoys shall be marked with the responsible agency's name,
address, and telephone number.
f. Buoys shall comply with the requirements of all applicable
regulatory agencies (e.g., WAC 332-30-148).
DR-8.10.4 Mooring buoys shall be located, designed, constructed, and operated so
as to minimize impacts to shoreline resources and unnecessary
interference with the right of adjacent property owners, as well as
adjacent shoreline or water uses. To this end, applications for such
facilities must demonstrate conformance with the following criteria. The
proposal:
a. Is located with regard to favorable conditions related to
wind, current, bathymetrics and, for overnight moorage
facilities, adequate flushing action.
b. Complies with all federal, state, regional, and local
requirements regarding water quality including but not limited
to Department of Health Standards and environmental policies
and regulations contained in Chapter 6, Environmental
Protection.
c. Is compatible with the general aesthetic quality of the
shoreline area where they are located.
d. Provides for adequate upland support facilities (e.g.,
restrooms, dumpsters, etc.)
e. Is compatible with navigation.
f. Demonstrates that the buoy system proposed is adequate to
withstand the maximum expected physical stress that the
environment and moored craft will place on the buoy.
DR-8.10.5 A mooring buoy shall secure no more than two (2) boats.
8.11 Parking Facilities
Parking is the use of land for storage of motor vehicles, motorized
equipment, or accessory units, such as trailers. Land used for this purpose
is leveled, cleared, and often covered with an impermeable surface.
Parking includes areas for scenic vista parking.
Policies
Policy 8.11.1 Minimize parking in shoreline areas.
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Chapter 8 - Specific Use Policies and Development Regulations
Policy 8.11.2 Design and place parking facilities as far as practicable from the water's
edge.
Policy 8.11.3 Ensure that parking facilities are adequate to serve the level of demand
anticipated by the associated use.
Policy 8.11.4 Minimize impacts from parking facilities in shoreline areas including
those related to stormwater runoff, water quality, visual qualities, public
access, and vegetation and habitat maintenance, through appropriate
location and design
Development Regulations
Parking for specific land use activities within the City of Port Townsend is
subject to the requirements and standards set forth in the Port Townsend
Zoning Code, in addition to the regulations of this section.
DR-8.11.1 Parking in shoreline areas must directly serve an approved
shoreline use.
DR-8.11.2 Parking as a principal use (i.e., not accessory to an authorized use)
is prohibited, except when provided as part of a public scenic vista.
DR-8.11.3 Parking facilities waterward of the ordinary high water mark are
prohibited, provided that they may be allowed on over-water
structures through the conditional use process when they are a
component of a publicly operated ferry terminal.
DR-8.11.4 Parking shall comply with the following design standards as
applicable (e.g., items a, b, e and f would not apply to over-water
ferry terminal parking):
a. Parking shall be located on the landward side of the
development unless contained within a permitted structure.
b. Where there is no existing structure, parking shall extend
no closer to the shoreline than a permitted structure.
c. The design and construction of parking facilities shall
assure that surface water runoff will not pollute adjacent
waters or cause soil or beach erosion. Oil separators and
retention ponds are considered positive measures towards
compliance with this standard. Alternatives to
conventional storm water treatment, such as use of pervious
materials, shall be considered in order to minimize impacts
due to runoff and the need for storm water treatment.
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Chapter 8 - Specific Use Policies and Development Regulations
d. Security lighting associated with parking facilities shall be
beamed, hooded, or directed so as to not cause glare on
adjacent properties or water bodies.
e. Parking facilities shall be separated from residential,
recreation, and natural areas (e.g., the shoreline) by
landscaping and/or screening in accordance with the
Parking Facilities Landscaping requirements of the Port
Townsend Municipal Code, Title 17). The landscaping
shall, preferably, consist of native vegetation. The
requirement for screening may be waived or modified by
the Shoreline Administrator, where screening would
obstruct a significant view from public property or public
roadway or to address public safety concerns.
f. All landscaping must be maintained in a neat and orderly
manner. In no event shall such landscape areas be used for
the storage of materials or parking of automobiles, or
recreational or other vehicles.
g. Vista parking facilities shall include a significant public
view and provide recreational opportunities such as picnic
tables or viewing benches.
8.12 Recreational Facilities
Recreational development provides opportunities for play, sports,
relaxation, amusement, or contemplation. It includes facilities for passive
recreational activities, such as hiking, photography, viewing, and fishing.
It also includes facilities for active or more intensive uses such as parks,
campgrounds, and golf courses. This section applies to both publicly- and
privately-owned shoreline facilities intended for use by the public or a
private club, group, association, or individual. Commercial recreational
development must be consistent with the provisions of this section and the
provisions of section 8.6, for commercial uses.
This Master Program gives priority to recreational development that is
primarily related to access to, enjoyment and use of the water and
shorelines of the state as reflected in the Use Table of Chapter 5,
Environments.
Policies
Encourage the coordination of local, state, and federal recreation
planning so as to mutually address recreational needs. Shoreline
recreational developments should be consistent with all adopted park,
recreation, and open space plans.
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Chapter 8 - Specific Use Policies and Development Regulations
Policy 8.12.1 Encourage the linkage of shoreline parks, recreation areas, and public
access points in a linear system, such as hiking paths, bicycle paths, and
scenic drives.
Policy 8.12.2 Locate and design recreational developments in a manner that preserves,
enhances, or creates scenic views and vistas.
Policy 8.12.3 Locate and design recreational facilities to minimize adverse impacts
including those related to stormwater runoff, water quality, visual
qualities, public access, and vegetation and habitat maintenance.
Policy 8.12.4 Encourage physical and visual access to shorelines and surface waters.
Policy 8.12.5 Prevent concentration of clutter and leave the beaches and tidelands in
their natural state by locating camping and overnight recreation sites in
upland areas. Park design and operation should deal with the impact such
activities have not only within park boundaries but on adjacent properties
and communities as well.
Policy 8.12.6 Locate golf courses outside of the shoreline area.
Policy 8.12.7 Prohibit use of recreational off-road vehicles within the shoreline area,
except by public agencies for maintenance, operations and emergency
services.
Development Regulations
DR-8.12.1 The following recreational uses and developments are prohibited:
a. Golf courses;
b. Use of recreational off-road vehicles is prohibited on natural
areas of the shoreline, except by public agencies for
maintenance, operations and emergency services;
c. Private campgrounds; and
d. Overnight recreational spaces or sites located on beaches, dunes,
or intertidal areas.
DR-8.12.2 Recreational facilities shall make adequate provisions for:
a. Vehicular and pedestrian access, both on-site and off-site;
b. Vehicular traffic, both inside and outside the facility;
c. Vehicular parking;
d. Water supply, sewage disposal, and garbage collection;
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Chapter 8 - Specific Use Policies and Development Regulations
e. The control of fires both within recreational facilities and
between recreational facilities and adjacent private or public
lands;
f. The prevention of overflows and trespasses onto adjacent
properties;
g. Screening, buffer strips, fences, and signs to prevent park
overflow and to protect the value and enjoyment of adjacent or
nearby private or public properties;
h. Enforcement of laws and regulations associated with use of the
facilities being proposed;
i. Security; and
j. Maintenance.
DR-8.12.3 Valuable shoreline resources and fragile or unique areas, such as
wetlands and accretion shore forms, shall be used only for non-intensive
recreation activities.
DR-8.12.4 Recreational structures waterward of the ordinary high water mark are
only permitted as specified in Section 5.6 “Aquatic” of this master
program.
DR-8.12.5 For recreation developments, such as playing fields that require the use
of fertilizers, pesticides, or other chemicals, the applicant shall submit
plans demonstrating the methods to be used to prevent these chemical
applications and resultant leachate from entering adjacent water bodies
and wetlands. Natural vegetation buffer strips shall be required between
the shoreline waters and recreation developments that use fertilizers,
pesticides, or other chemicals. The Shoreline Administrator shall
determine the width necessary for buffer strips. Buffers shall not be less
than fifty- (50) feet wide, measured on a horizontal plane, perpendicular
to the edge of the ordinary high water mark. The proponent shall also be
required to leave a chemical-free swath at least one hundred (100) feet in
width next to water bodies and wetlands.
DR-8.12.6 Encourage recreational facilities to provide signage and enforce
regulations that prohibit tree cutting and limit the taking of marine life,
driftwood, and the like.
DR-8.12.7 Signs associated with recreational facilities shall be kept to a minimum
in number and size and shall be erected as informational or directional
aids only.
DR-8.12.8 Stairways and landings shall be located upland of existing bulkheads,
banks, and the ordinary high water mark unless integral to a water-
dependent use or overwater structure permitted by this Master Program.
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8.13 Residential Development
Residential development refers to one or more buildings, structures, lots,
parcels, or portions of parcels that are used or intended to be used to
provide a dwelling for human beings. Residential development includes
single-family residences, duplexes, other detached dwellings, multifamily
residences, apartments, townhouses, mobile home parks, group housing,
condominiums, subdivisions, planned unit developments, and short
subdivisions. Residential development also includes accessory uses and
structures such as garages, sheds, tennis courts, swimming pools,
driveways, parking areas, fences, cabanas, saunas, and guest cottages,
when allowed by the underlying zoning. Residential development does
not include hotels, motels, or camping facilities. Bed and Breakfast
establishments proposed within a Residential zoning district are required
to meet the policies and regulations for both Residential and Commercial
use.
Note: A Substantial Development Permit is not required for construction
of a single-family residence by an owner, lessee, or contract purchaser for
his own use or the use of his family. However, such construction and all
normal appurtenant structures must otherwise conform to this Master
Program and obtain a Letter of Exemption. In addition, when applicable,
all residential development is subject to the variance and conditional use
requirements of this Master Program. For example, a variance will be
required for any residential development that proposes to locate within the
shoreline environment setbacks established in Chapter 5 of this Master
Program.
Uses and facilities associated with residential development, which are
identified as separate use activities or modifications in this Master
Program, such as clearing, grading and landfill are subject to the
regulations established for those uses in this section.
Policies
Policy 8.13.1 Discourage residential structures or accessory structures in areas
waterward of the ordinary high water mark, within nearshore
management areas, or within wetlands, habitat conservation areas,
flood hazard areas, landslide hazard areas or their respective
buffers.
Policy 8.13.2 Ensure that all residential development is designed:
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Chapter 8 - Specific Use Policies and Development Regulations
a. At a level of density of site coverage and occupancy
compatible with the physical capabilities of the shoreline
area, and consistent with the density provisions of the Port
Townsend Comprehensive Plan and zoning code.
b. To preserve and enhance existing shoreline vegetation,
control erosion and protect water quality, ecological
resources and shoreline aesthetics of the shoreline both
during and after construction.
c. To protect public views and provide public access to the
shoreline. In accordance with the Public Access
requirements in Chapter 7, residential developments of
more than four (4) dwelling units should provide dedicated
and improved public access to the shoreline.
d. To comply with the critical areas provisions of Chapter 6 of
this Master Program.
e. To not significantly block views enjoyed by a substantial
number of residences. Private views of the shoreline,
although considered during the review process, are not
expressly protected. Property owners concerned with the
protection of views from private property are encouraged to
obtain view easements, purchase intervening property
and/or seek other similar private means of minimizing view
obstruction.
f. To blend into the site as much as possible.
g. To locate sewage disposal drain fields, in those limited
circumstances where they are permitted, in appropriate
areas (e.g., not subject to flooding or likely to decrease
slope stability).
Policy 8.13.3 Consider additional design features for new subdivision and short
subdivisions that:
a. Cluster dwelling units in order to preserve natural features,
minimize physical impacts, and provide for public access to
the shoreline.
b. Maintain usable waterfront areas for the common use of all
property owners within the development.
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c. Are serviced by sanitary sewer and public water facilities in
accordance with appropriate state and local health
regulations. Storm drainage facilities should be separate,
not combined with sewage disposal systems.
Policy 8.13.4 Encourage joint use of shoreline facilities, including access stairs.
Development Regulations
DR-8.13.1 Clearing and grading associated with a single-family residence
may be exempted from the shoreline substantial development
permit (SSDP) requirement, provided the following conditions are
met:
a. The clearing and grading activity is confined to the
construction site and;
b. Grading does not exceed 250 cubic yards.
DR-8.13.2 Residential structures shall not be located in areas subject to
flooding or tidal inundation unless complete flood proofing
measures have been provided, and then only when the location of
such structures will not aggravate flooding possibilities of nearby
properties.
DR-8.13.3 Residential development shall be:
a. Located and designed to avoid the need for structural shore
defense and flood protection works in the foreseeable
future.
b. Designed to minimize potential conflicts with the use of
adjacent public lands and areas of public access. This may
include providing a physical separation to reinforce the
distinction between public and private space, achieved by
providing adequate space, through screening with
landscape planting or fences, or other means.
DR-8.13.4 Subdivisions:
a. Shall comply with local plans, codes, and/ordinances.
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b. Shall be designed to exemplify the definition and policy of
the applicable shoreline designation as well as the
environmental and physical capabilities of the subject site.
c. Shall be prohibited if flood control or shoreline protection
measures are necessary to create a residential lot or site
area.
d. May be required to cluster residential units and structures
to avoid wetlands, habitat conservation areas or landslide
hazards that are located on the development site.
e. Shall be designed to minimize potential impacts conflicts
with the use of adjacent public lands and areas of public
access. This may include providing a physical separation
to reinforce the distinction between public and private
space, achieved by providing adequate space, through
screening with landscape planting or fences, or other
means.
f. Shall comply with the applicable policies and performance
standards of this Master Program, with regard to roads,
utilities, and other improvements.
Public Access
DR-8.13.5 Public access to publicly owned shorelines shall be maintained.
DR-8.13.6 Public access improvements shall be designed to include measures
to prevent overflow usage from common and public areas upon
privately owned shore lands and uplands. Appropriate measures
may include fences or landscaping.
DR-8.13.7 Developments of more than four (4) dwelling units adjacent to the
waterfront shall dedicate, improve, and provide maintenance
provisions for a pedestrian easement that provides area sufficient
to ensure usable access to the shoreline for all residents of the
development and the general public. When required, public access
easements shall be a minimum of twenty-five (25) feet in width
and shall comply with the public access standards contained in this
Master Program (see Chapter 7, “Public Access”).
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Environmental Protection
In addition to the General Environmental Policies presented in
Chapter 6, Sections 6.3-6.4, residential development shall comply
with the following standards:
DR-8.13.8 All developments shall comply with the DOE Stormwater
Management Manual for Western Washington, city engineering
design standards manual, city stormwater master plan, and adopted
drainage basin plans for all clearing and grading activities, for
erosion control during construction and for permanent drainage
system improvements.
DR-8.13.9 Developments containing marshes, swamps, lagoons, or similar
wetlands shall use those areas only for the purpose of parks, open
space, or passive recreational facilities.
DR-8.13.10 Alteration of topography for building sites, access roads, and
utilities shall be conducted in compliance with the applicable
policies and performance standards of this Master Program.
DR-8.13.11 Sewage disposal systems shall not be located within wetlands,
habitat conservation areas, landslide hazard areas, or their buffers,
or in the floodplain.
8.14 Scientific, Cultural and Educational Facilities
Scientific, cultural and educational facilities include those sites, structures,
or facilities that provide unique insight into our natural or cultural
heritage.
Policies
Policy 8.14.1 Work toward implementation of the Natural Historic Preservation Act of
1966 and the Washington State Parks and Recreation Commission Act
(RCW 43.51) and provide wherever possible for the protection,
rehabilitation, restoration, and reconstruction of districts, sites, buildings,
structures, and objects significant in American, Washington State, or
local history, architecture, archaeology, or culture.
Policy 8.14.2 Consult with the Washington State Office of Archaeology and Historic
Preservation and professional consultants to review proposed project
areas for potential valuable data and to establish procedures for salvaging
that data.
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Policy 8.14.3 Permanently preserve sites, where feasible, consistent with constitutional
and statutory limitations, for scientific study and public observation.
Policy 8.14.4 Relocate historic structures, when deemed necessary to protect the
resource from natural elements (e.g., Point Wilson Lighthouse from high
wind and waves), in a manner that preserves the historic integrity of the
structure and the site, as applicable, to the extent feasible.
Policy 8.14.5 Provide for site inspections and an evaluation of a professional
archaeologist. Ensure that archaeological data is properly salvaged by
attaching special conditions to development activities in areas known to
contain archaeological data.
Policy 8.14.6 Prevent public or private developments from destroying or destructively
altering potential or recognizable sites having historic, cultural,
scientific, or educational value as identified by appropriate authorities
wherever feasible, consistent with constitutional and statutory
limitations.
Policy 8.14.7 Ensure that excavation activities are conducted in compliance with the
applicable policies and standards of this Master Program.
Development Regulations
DR-8.14.1 No development or substantial development shall be undertaken with
regard to a site or structure that has probable historical, scientific, or
archaeological significance until an evaluation of the site or structure has
been made by an authority judged competent in such matters by the
Shoreline Administrator.
DR-8.14.2 All feasible means shall be employed to ensure that data, structures, and
sites having historical, scientific, educational, or archaeological
significance are extracted, preserved, or used in a manner commensurate
with their importance.
DR-8.14.3 Consistent with constitutional and statutory limitations, public and
private developments shall be located and designed to prevent
destruction and alteration of sites having historic, cultural, scientific, or
educational value as identified by appropriate authorities.
DR-8.14.4 All shoreline permits shall contain provisions that require developers to
immediately stop work and notify the City of Port Townsend if any items
of archaeological or historical interest are uncovered during excavation.
In such cases, the developer shall be required to allow site inspection and
evaluation by a professional archaeologist to ensure that all possible
valuable archaeological/historical data are properly salvaged.
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.14.5 The establishment, restoration, or revitalization of historical,
archaeological, scientific, or educational facilities shall be done in such a
manner that would cause minimal disturbance to adjacent properties as
well as natural features of the shoreline.
DR-8.14.6 Excavation of Indian artifacts shall be conducted in compliance with the
Washington State Archaeological Sites and Resources Act (RCW 27.53).
DR-8.14.7 Excavation activities shall be conducted in compliance with the
applicable policies and standards of this Master Program.
8.15 Transportation Facilities
Transportation facilities are those structures and developments that aid in
land and water surface movement of people, goods, and services. They
include roads and highways, bridges and causeways, ferry terminals,
railroad facilities, and boat and floatplane terminals. Under this master
program, bikeways, walkways and trails are addressed under Section 8.12
“Recreational Facilities”.
Policies
Policy 8.15.1 Discourage the location of new major highways, freeways or
railroads in the shoreline jurisdiction.
Policy 8.15.2 Reserve new roads for local access traffic or to connect to and
serve existing transportation facilities.
Policy 8.15.3 Avoid unnecessary duplication of roads by making use of existing
roads where practicable. New wetland crossings by roads or trails
should be avoided.
Policy 8.15.4 Plan road locations to fit the topography so alterations of natural
conditions will be minimized.
Policy 8.15.5 Make provisions for scenic corridors safe pedestrian and other
non-motorized travel when designing new public roadways. Also,
provisions should be made for sufficient viewpoints, rest areas, and
picnic areas in public shorelines.
Policy 8.15.6 Coordinate plans for transportation facilities with land use. Plans
for transportation facilities should be consistent with the Port
Townsend Comprehensive Plan.
Development Regulations
DR-8.15.1 When feasible, major highways and railroads shall be located away
from the shoreline.
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.15.2 Whenever possible, roads shall be located on natural benches,
ridge tops, or other areas where alteration of natural features such
as soils will be minimal.
DR-8.15.3 Roads shall be located to avoid critical areas. Landfills for
transportation facility development are prohibited in water bodies,
wetlands, and on accretion beaches, except when all structural and
upland alternatives have been proven infeasible and the
transportation facilities are necessary to support uses consistent
with this program. Such landfill may be permitted as a Conditional
Use Permit and must comply with the provisions of Section 9.6,
"Landfills."
DR-8.15.4 Roads and waterway crossings shall be prohibited within wetlands
or critical fish and wildlife conservation areas except when all
upland alternatives have been proven infeasible and the
transportation facilities are necessary to support uses consistent
with this program: When permitted, these facilities shall be:
a. The minimum width to accommodate the anticipated use.
b. Designed so the integrity of the naturally occurring
geohydraulic process is maintained.
c. Designed to provide minimal disturbance to banks.
DR-8.15.5 Culverts, bridges and similar devices shall be designed to pass
water, sediment, and debris loads anticipated under appropriate
hydraulic analysis.
DR-8.15.6 All roads and drainage systems shall be maintained to prevent
erosion and/or water quality degradation.
DR-8.15.7 Mechanical apparatus, rather than chemicals, shall be used for
brush clearing maintenance wherever practicable.
DR-8.15.8 Herbicides used for maintenance along roads and drainage systems
shall follow the performance standard outlined under "Chemical
Application" of the "Clearing, Grading and Vegetation
Management" subsection.
DR-8.15.9 Road routes shall make provisions for pedestrian, bicycle, and
other non-motorized modes of travel whenever feasible.
DR-8.15.10 In compliance with RCW 36.87.130 and RCW 35.79.030, the City
of Port Townsend shall not vacate a road or part thereof that abuts
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Chapter 8 - Specific Use Policies and Development Regulations
on a body of salt or fresh water, unless the purpose of the vacation
is to enable any public authority to acquire the vacated property for
port purposes, boat moorage or launching sites, or for park, view
point, recreational, educational, or other public purposes, or unless
the property is zoned for industrial purposes. Further, such
vacation shall not be accomplished for any purpose that is not
consistent with this Master Program, and then only when all
appropriate federal, state, and local permits have been issued for
the intended use.
Ferry Terminals
DR-8.15.11 Limited food service may be allowed as an accessory use within
the waiting area of a publicly owned and operated ferry terminal.
Said facilities shall be limited in size to serve passengers and
employees.
8.16 Utilities (Primary)
Utilities are services and facilities that produce, transmit, carry, store,
process, or dispose of electric power, water, sewage, communications, oil,
gas, stormwater, and the like. The provisions in this section apply to
primary use and activities such as sewage treatment plants, sewer lift
pumps, stormwater outfalls and fuel storage facilities. On-site utility
features serving a primary use, such as water, sewer or gas line to a
residence, are "accessory utilities" and shall be reviewed as appurtenances
to the primary use (in this example, the residential use).
Utilities are further described as major and minor to allow for a simplified
permit process for minor utility improvements. As used in this Master
Program, major utilities include substations, pump stations, treatment
plants, sanitary sewer outfalls, regional stormwater outfalls, electrical
transmission lines greater than 55,000 volts, water, sewer or storm
drainage mains greater than eight (8) inches in diameter, major recycling
facilities (as defined by the PTMC) gas and petroleum transmission lines,
and submarine telecommunications cables. Minor utilities include local
public water, electric, minor recycling facilities (as defined by the PTMC),
natural gas distribution, public sewer collection, cable and telephone
service and appurtenances.
Wireless facilities are described in the use table (Chapter 5) as macro,
mini, and micro consistent with the city’s “Personal Wireless Service
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Chapter 8 - Specific Use Policies and Development Regulations
Facilities” ordinance codified in Chapter 17 of the Port Townsend
Municipal Code.
Policies
Policy 8.16.1 Incorporate, to the extent feasible, major utility corridors on
shorelines into the city’s programs and plans for public access to
and along water bodies.
Policy 8.16.2 Prohibit solid waste disposal activities and facilities, other than
minor recycling facilities as defined by the PTMC, in shoreline
areas.
Policy 8.16.3 Locate utilities outside of critical areas and their buffers as
required by Chapter 6 of this Master Program and Chapter 19.05
PTMC.
Policy 8.16.4 Ensure that whenever utilities must be placed in a shoreline area,
the location is chosen to:
a. Meet the needs of future populations in areas planned to
accommodate this growth.
b. Utilize existing transportation and utility sites, rights-of-way
and corridors, whenever possible. Joint use of rights-of-way
and corridors should be encouraged.
c. Preserve scenic views and aesthetic qualities of the shoreline
area.
d. Be located such that shoreline defense works will not be
required for the life of the project.
e. Sewage treatment, water reclamation, desalinization, and
power plants should be located where they do not interfere and
are compatible with adjacent uses of the water and shore lands.
Policy 8.16.5 Restore the land/substrate to its pre-project configuration upon
completion of installation/maintenance of utilities in shorelines,
Disturbed areas should be replanted with native species, and be
provided with irrigation and maintenance care until the newly
planted vegetation is established.
Development Regulations
General
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Chapter 8 - Specific Use Policies and Development Regulations
DR-8.16.1 Utility development shall, through coordination with local
government agencies, provide for compatible, multiple uses of
sites and rights-of-way.
DR-8.16.2 Utilities shall be designed and installed to meet future needs when
possible.
DR-8.16.3 Personal wireless facilities shall comply with the city’s “Personal
Wireless Service Facilities” ordinance codified in Chapter 17 of
the Port Townsend Municipal Code.
Uses
DR-8.16.4 The following utilities are prohibited within the shoreline
jurisdiction:
a. Solid waste disposal and transfer facilities, other than minor
recycling facilities as defined by the PTMC
b. All underwater pipelines transporting liquids intrinsically
harmful to aquatic life or potentially injurious to water
quality are prohibited, unless no other alternative exists. In
those instances where no other alternative exists, the use
may be permitted as a conditional use. However, automatic
shut-off valves shall be provided on both sides of the water
body.
c. Fuel storage facilities (excepting fuel storage that is
accessory to a permitted use).
DR-8.16.5 Minor utilities are allowed as a permitted use provided that, within
the Natural and Conservancy designations, it has been determined
that no other feasible alternative exists
DR-8.16.6 Upgrades to existing major utilities are permitted.
DR-8.16.7 The following new major utility facilities may be permitted as a
conditional use if it can be shown that no reasonable alternative
exists.
a. Electrical energy generating plants, substations, and
transmission lines greater than 55,000 volts;
b. Petroleum and gas pipelines;
c. Sanitary sewer outfalls;
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Chapter 8 - Specific Use Policies and Development Regulations
d. Sewage system mains, interceptors, pump stations, and
treatment plants;
e. Storm drainage mains and regional outfalls;
f. Submarine telecommunications cables; and
g. Water system treatment plants.
Applications
DR-8.16.8 Applications for the installation of major utility facilities shall
include the following:
a. Description of the proposed facilities;
b. Reasons why the utility facility requires a shoreline
location;
c. Alternative locations considered and reasons for their
elimination;
d. Location of other utility facilities in the vicinity of the
proposed project and any plans to include the other types of
utilities in the project;
e. Plans for reclamation of areas disturbed both during
construction and following decommissioning and/or
completion of the useful life of the utility;
f. Plans for control of erosion and turbidity during
construction and operation; and
g. Identification of any possibility for locating the proposed
facility at another existing utility facility site or within an
existing utility right-of-way.
Location
DR-8.16.9 Utilities shall be located adjacent to or within existing utility or
circulation easements or rights-of-way whenever feasible. Joint
use of rights-of-way and corridors is encouraged.
DR-8.16.10 Sewage treatment, water reclamation, desalinization, and power
plants shall be located to minimize interference with adjacent uses
of the water and shore lands.
Public Access
DR-8.16.11 When feasible, utility development shall include public access to
the shoreline, trail systems, and other forms of recreation,
providing such uses will not unduly interfere with utility
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Chapter 8 - Specific Use Policies and Development Regulations
operations, endanger the public health, safety, and welfare, or
create a significant and disproportionate liability for the owner.
Public access easements shall be a minimum of twenty-five (25)
feet in width and shall comply with the public access standards
contained in this Master Program (see Chapter 7, “Public
Access”).
Environmental Protection
In addition to the General Environmental Policies presented in
Chapter 6, Sections 6.3-6.4, utilities shall comply with the
following standards:
DR-8.16.12 Utilities shall be located, designed, constructed, and operated so as
to assure no net loss of shoreline ecological functions, preserve the
natural landscape, and minimize conflicts with present and planned
land and shoreline uses.
DR-8.16.13 To protect aesthetic qualities of the shoreline, new utility lines
including electricity, communications, and fuel lines shall be
located underground where feasible as determined by the
Shoreline Administrator.
DR-8.16.14 Utility developments shall be located and designated so as to
avoid, to the extent practicable, the need for any structural or
artificial shoreline modification works for the life of the project.
DR-8.16.15 Utilities located in flood prone areas shall be provided with
adequate flood protection and shall not be installed to increase
flood hazard or other damage to life or property.
DR-8.16.16 Underwater construction of utilities or construction in adjacent
wetlands shall be timed to avoid fish and wildlife migratory and
spawning periods.
DR-8.16.17 Installation of utilities shall assure the prevention of siltation or
beach erosion.
DR-8.16.18 Upon completion of installation/maintenance of utilities in
shorelines, the land/substrate shall be restored to its pre-project
configuration, replanted with native species, and be provided with
maintenance care until the newly planted vegetation is established.
Chapter 9
Specific Modification Policies and
Development Regulations
SECTIONS:
9.1 Introduction -- Applicability
9.2 General Policies and Regulations
9.3 Alteration of Natural Landscape --
Clearing, Grading and Vegetation Removal
9.4 Docks, Piers and Floats
9.5 Dredging and Dredge Spoil Disposal
9.6 Landfills
9.7 Shoreline Stabilization Measures and Flood Protection Works
9.1 Introduction - Applicability
What is a shoreline modification?
Shoreline modification activities are structures or actions that permanently
change the physical configuration or quality of the shoreline, particularly
at the point where land and water meet. Shoreline modifications include,
but are not limited to, structures such as bulkheads and piers and actions
such as clearing, grading, and removing vegetation. Generally, shoreline
modifications are undertaken for the following reasons:
a. To prepare for a shoreline use;
b. To support an upland use; or
c. To provide shoreline stabilization or defense from erosion.
A single shoreline use may require several different shoreline modification
activities. For example, a new boat storage yard may require clearing and
grading of the upland yard and construction of a jetty and docks in the
water.
Can a shoreline modification be proposed without an associated use?
Under this Master Program, speculative shoreline modifications not tied to
or required as part of a specific permitted use, an existing legal
development or necessary to ensure the publics health and safety are
prohibited. (Note that permitted uses include restoration and habitat
enhancement pursuant to Chapter 5 of this Master Program.)
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Chapter 9 - Specific Modifications
Proposals for shoreline modifications are to be reviewed for compliance
with the applicable “use” policies and regulations in Chapter 8 and the
applicable “modification” policies and regulations of this Chapter.
Can a variance be granted to construct a shoreline modification listed
as “prohibited” or to deviate from the performance standards?
Shoreline modifications listed as “prohibited” are not eligible for
consideration as a shoreline variance. Deviations from the minimum
performance standards may be approved under a shoreline variance unless
specifically stated otherwise.
9.2 General Policies and Regulations
Policies applicable to all shoreline modifications
Policy 9.2.1 Locate and design all new development in a manner that prevents
or minimizes the need for shoreline modifications.
Policy 9.2.2 Ensure that shoreline modifications, where permitted, are as
compatible as possible with natural shoreline processes and
character.
Policy 9.2.3 Regulate shoreline modifications to assure that the modifications
individually and cumulatively do not result in a net loss of
ecological functions. Mitigation may be required to meet the no
net loss standard.
Policy 9.2.4 Give preference to those types of shoreline modifications that have
a lesser impact on ecological functions and require mitigation of
identified impacts resulting from shoreline modifications.
Policy 9.2.5 Incorporate all feasible measures to protect ecological shoreline
functions and ecosystem-wide processes in the placement and
design of shoreline modifications. To avoid and reduce ecological
impacts, the mitigation sequence in WAC 173-26-201 (2)(e)
should be followed.
Regulations applicable to all shoreline modifications
DR-9.2.1 Shoreline modification activities that do not support a permitted
shoreline use are considered “speculative” and are prohibited by
this Master Program, unless it can be demonstrated, to the
satisfaction of the Shoreline Administrator that such activities are
necessary and in the public interest for the maintenance of
shoreline environmental resource values.
DR-9.2.2 Structural shoreline modification measures shall be permitted only
if nonstructural measures are unable to achieve the same purpose.
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Chapter 9 - Specific Modifications
Nonstructural measures considered shall include alternative site
designs, increased setbacks, relocation, and bioengineering.
DR-9.2.3 Shoreline modification activities, with the exception of shoreline
restoration or enhancement efforts, are prohibited in wetlands, and
on undeveloped spits, hooks, bars, barrier beaches, or similar
accretion terminals or accretion shore forms.
DR-9.2.4 Proponents of shoreline modification projects shall obtain all
applicable federal and state permits and shall meet all permit
requirements.
9.3 Alteration of Natural Landscape - Clearing, Grading and
Vegetation Removal
(See also Environmental Protection - Water Quality- Application of
Pesticides/Herbicides and Fertilizers)
Protection of the shoreline resources is an overarching goal of the
Shoreline Management Act and this master program. Alteration of the
natural landscape can cause changes in the structure and functioning of
shoreline habitats and alter use of the habitats by fish, shellfish, birds,
marine mammals and other organisms. It can destabilize bluffs, increase
erosion, siltation, runoff/flooding, change drainage patterns, reduce flood
storage capacity and damage habitat. To minimize impacts to shoreline
resources, this master program regulates alteration of the landscape
(including but not limited to clearing, grading, and vegetation removal).
Although clearing may not always be considered “development” that
triggers a substantial development permit, clearing and vegetation removal
as activities that impact shoreline resources are regulated in order to
achieve the design goals and objectives of the Shoreline Management Act.
Clearing and grading are activities associated with developing property for
a particular use including commercial, industrial, residential, or public use.
Specifically, “clearing” involves the destruction or removal of vegetation,
including but not limited to, root material removal and/or topsoil removal.
“Grading” involves the physical alteration of the earth's surface and/or
surface drainage pattern by either recontouring, excavating or filling.
Landfill, defined as placement of dry fill on existing dry or existing wet
areas to create new land or raise the elevation, is addressed in Section 9.6,
Landfill.
Vegetation removal means the removal or alteration of trees, shrubs,
and/or ground cover by clearing, grading, cutting, burning, chemical
means, or other activity that causes significant ecological impacts to
functions provided by such vegetation. Trees, shrubs and groundcovers
can maintain slopes and reduce erosion from surface water, shallow
Final 2-14-07 3
Chapter 9 - Specific Modifications
groundwater and, to some extent, coastal processes. Field and laboratory
studies have demonstrated the cause-and effect relationship of vegetation
removal and either increased rates of erosion or higher frequencies of
slope failure. Vegetation removal is typically associated with
"landscaping" improvements or limbing to create or enhance views.
(Detailed definitions are provided in Chapter 15, Definitions).
Policies
Policy 9.3.1 Prohibit speculative clearing, grading or vegetation removal.
Allow alteration of the natural landscape only in association with
existing legal uses or a new permitted shoreline use or
development. Exceptions may be granted for vegetation removal
in association with an inhabited legal, non-conforming structure,
noxious weed abatement, maintenance or maintenance/restoration
of historic viewsheds on public lands within a National Landmark
Historic District (e.g. viewsheds from the bunkers in Fort Worden
State Park).
Policy 9.3.2 Limit alteration of the natural landscape to the minimum necessary
to accommodate the shoreline development or a landscape scheme
developed in conjunction with the shoreline development.
Policy 9.3.3 In those limited circumstances where clearing and grading is
permitted within areas classified by the city’s CAO as critical fish
and wildlife habitat, wetland, or geologically hazardous areas or
their buffers, require mitigation in order to ensure no net loss of
functions and values of the shoreline environment. When such
activity requires a Reasonable Use Exception pursuant to Section
19.05.050(D) of the critical areas ordinance, a shoreline variance is
also required.
Policy 9.3.4 Allow clearing and grading within shoreline setbacks only when
conducted in accordance with an approved landscape plan
designed to maintain the functions and values of the shoreline
environment, including protection of habitat and shoreline bluffs.
Policy 9.3.5 Place priority on retention of snags and live trees that provide
nesting or perching for eagles, other raptors, or priority species.
Policy 9.3.6 Use best management practices (BMPs) during clearing and
grading to control erosion.
Development Regulations
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Chapter 9 - Specific Modifications
Note that all clearing, grading and vegetation removal activities must also be
consistent with the environmental protection regulations in Chapter 6, when
applicable.
DR-9.3.1 Alteration of the natural landscape shall only be allowed as set
forth below:
a. Landscaping or maintenance associated with an existing
legal use or new permitted shoreline use or development.
b. Removal of noxious weeds as listed by the state in Chapter
16-750 WAC, provided such activity shall be conducted in
a manner consistent with best management practices and
the city’s engineering design standards and native
vegetation is promptly reestablished in the disturbed area.
(Note that removal of noxious weeds within critical areas
may require a minor activities permit pursuant to PTMC
19.05.040(A)(2)).
c. Modification of vegetation in association with a legal, non-
conforming use provided that said modification is
conducted in a manner consistent with this master program
and results in no net loss to ecological functions or critical
fish and wildlife conservation areas.
d. Maintenance or restoration of historic view sheds situated
on public lands within a National Landmark District (e.g.,
bunkers at Fort Worden) provided that said activity is
conducted in a manner consistent with this master program
and results in no net loss to ecological functions or critical
fish and wildlife conservation areas.
e. Restoration activities conducted in accordance with an
approved plan designed to improved ecological functions
and values.
DR-9.3.2 All clearing and grading activities shall be limited to the minimum
necessary for the intended development.
DR-9.3.3 Exposed soils shall be immediately developed or revegetated to
prevent erosion.
DR-9.3.4 Revegetation must be planted such that complete coverage of
exposed soils is attained within one growing season.
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Chapter 9 - Specific Modifications
DR-9.3.5 In all cases where clearing is followed by revegetation, native
plants shall be preferred.1 Lawns are discouraged due to their
limited erosion control value, limited water retention capacity and
associated chemical and fertilizer applications.
DR-9.3.6 Clearing and grading within required shoreline setbacks shall only
be permitted upon approval of a detailed landscape plan for
revegetation. (The Shoreline Administrator may waive this
requirement when potential impacts to shoreline resources are
insignificant.) The landscape plan shall include:
a. A map illustrating the distribution of existing plant
communities in the area proposed for landscaping. The map
must be accompanied by a description of the vegetative
condition of the site, including plant species, plant density,
any natural or man-made disturbances, overhanging
vegetation, and the functions served by the existing plant
community (e.g., fish and wildlife habitat values, slope
stabilization).
b. If applicable, a description of the intertidal shade conditions
created by existing vegetation. This description shall include
an inventory of overhanging vegetation as well as a
determination of how much shade is created in the intertidal
zone by standing trees, during midday at midsummer.
c. A detailed landscape map indicating which areas will be
preserved and which will be cleared, including tree removal.
d. Drawings illustrating the proposed landscape scheme,
including the type, distribution, and density of plants. Any
pathways or nonvegetated portions should be noted.
e. A description of any vegetation introduced for the purposes of
fish and wildlife habitat. Significant loss of wildlife habitat
shall be mitigated in accordance with Chapter 6 of this master
program. If on-site mitigation habitat is not possible, off-site
mitigation shall be permitted at a minimum replacement ratio
of one-to-one-and-a-quarter (1:1.25) (habitat lost to habitat
replaced).
The revegetation landscaping required by this regulation shall meet
the following standards:
Final 2-14-07
1 For guidance, the City of Port Townsend, in consultation with appropriate local and state
agencies, will provide a list of native plants that are adapted to riparian conditions. The
Washington Department of Fish and Wildlife can also provide a list of species that benefit
riparian habitat areas.
6
Chapter 9 - Specific Modifications
f. At the time of planting, shrubs must be eighteen (18) inches
high. Shrubs should be planted such that within two years the
shrubs will cover at least sixty percent (60%) of the area that
would be covered when the shrubs have attained a mature size.
At the time of planting, deciduous trees must be at least two
(2) inches in caliper as measured one (1) foot above grade, and
coniferous trees must be at least five (5) feet in height.
g. The applicant may be required to install and implement an
irrigation system to insure survival of vegetation planted. For
remote areas lacking access to a water system, an alternative
method (e.g., hand watering) may be approved.
h. For a period of two (2) years after initial planting, the
applicant shall replace any unhealthy or dead vegetation
planted as part of an approved landscape plan.
DR-9.3.7 Trimming of trees and vegetation is allowed within shoreline
setback areas without a landscape plan, provided:
a. This provision is not interpreted to allow clearing of
vegetation,
b. Trimming does not include topping, stripping or
imbalances; a minimum of 60% of the original crown shall
be retained to maintain tree health,
c. Trimming does not directly impact the nearshore functions
and values including fish and wildlife habitat,
d. Trimming is not within a wetland or wetland buffer, and
e. Trimming in landslide and erosion hazard areas does not
impact soil stability.
DR-9.3.8 Stabilization of exposed erosional surfaces along shorelines shall,
whenever feasible, utilize soil bioengineering techniques.
DR-9.3.9 All shoreline development and activity shall use effective measures
to minimize increases in surface water run off that may result from
clearing and grading activity. The applicant must implement best
management practices in compliance with Chapter 5, Clearing,
Grading, and Erosion Control under the City’s Engineering Design
Standards. Submittal requirements may include a plan
addressing species removal, revegetation, irrigation, erosion and
sedimentation control, and other methods of nearshore/riparian
corridor protection in accordance with the City’s Engineering
Design Standards.
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Chapter 9 - Specific Modifications
DR-9.3.10 The city may require a performance bond as a condition of permit
approval, to ensure compliance with this Master Program.
9.4 Docks, Piers and Floats
Docks are fixed structures floating upon water bodies. Piers are fixed,
pile-supported structures. Floats are floating structures that are moored,
anchored, or otherwise secured in the water that are not connected to the
shoreline. Boathouses are covered structures used for the storage or
moorage of watercraft, including float-equipped aircraft.
Docks, piers, and floats that serve four or fewer boats regularly moored
are reviewed as recreational facilities. Proposals for five or more boats are
considered marinas and are also regulated under Section 8.8, "Marinas."
Mooring buoys are regulated under Section 8.10
(Note: Over-water structures typically require permits from local, state,
and federal agencies. For structures overlying state owned lands, an
Aquatic Lands Lease and/or authorization from the Department of Natural
Resources is required.)
Policies
Policy 9.4.1 Limit docks, piers and floats to those required as part of a use
permitted or conditionally permitted per Section 5.6 of this Master
Program.
Policy 9.4.2 Prohibit docks, piers and floats located outside of a permitted
marina to be used for permanent moorage of occupied boats (i.e.,
liveaboards).
Policy 9.4.3 Prohibit boathouses.
Policy 9.4.4 Ensure that docks, piers, and floats are:
a. Compatible with the shoreline area where they are located.
Consideration should be given to shoreline characteristics,
tidal action, aesthetics, and adjacent land and water uses.
b. Discouraged at locations where critical physical limitations
exist, such as shallow, sloping bottoms; areas of frequent
high wind, wave, or current exposure; high littoral drift
areas; or slide prone and/or feeder bluffs.
c. Designed and maintained to avoid adverse impacts of the
environment and shoreline aesthetics and minimize
interference with the public use of the water.
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d. Designed, constructed, and maintained to provide a
reasonable level of safety to users.
Policy 9.4.5 Encourage the use of mooring buoys in place of piers, docks, and
floats.
Development Regulations
DR-9.4.1 The following dock, pier, and float developments are prohibited in
the shoreline jurisdiction:
a. Piers, docks, boat houses, and floats used for residential
purposes. Boats that are occupied shall not be permitted to
moor at piers, docks, or floats longer than three (3) days
unless pump-out facilities are available.
b. Private piers, docks, and floats in order to reduce the
proliferation of structures on the shoreline, except those
required in support of a permitted water-dependent use, or
those developed primarily to provide public access to the
shoreline.
c. Covered moorage and over-water boathouses.
d. Fill waterward of the ordinary high water mark or within a
marsh, bog or swamp to accommodate a dock, pier, or float.
e. Docks, piers, and floats in the Natural environment
designation.
DR-9.4.2 Design and construction of all piers and docks (and floats) are
required to avoid, minimize and mitigate for impacts to ecological
processes and functions and be constructed of approved materials.
WAC 173-26-231(3)(b).
DR-9.4.3 The design, location, and construction of docks, floats, and piers,
as well as their subsequent use and operation, shall
a. Minimize adverse effects on fish, shellfish, wildlife, water
quality, and geohydraulic processes. Methods include but
are not limited to: limiting the footprint of the structure to
that which is necessary to serve the intended use and
minimizing the use of materials hazardous to the
environment.
b. Be capable of withstanding expected environmental
conditions.
c. Minimize hazards to users.
d. Minimize interference with adjacent water uses and
navigation.
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DR-9.4.4 Docks, Piers and Floats shall adhere to the following design
standards:
a. Railings, if provided, shall be of clear or open framework
design and conform to the Building Code where required.
b. Utility service on docks and piers shall be placed on or
under the deck. Overhead utility service is prohibited.
Floodlighting shall be shielded to prevent unnecessary glare.
c. Appropriate marking shall be provided as necessary to avoid
hazardous conditions for water surface users.
Setbacks, Height, and Dimensional Requirements
DR-9.4.5 Upland boathouses shall meet required setbacks.
DR-9.4.6 Docks and piers shall not extend beyond the inner harbor line.
DR-9.4.7 Docks and floats shall not extend more than three feet in height
above the water, nor exceed six feet in width, provided, however,
that this limitation does not apply to construction or reconstruction of
docks and floats within a marina that are consistent with local, state and
federal environmental review and permitting processes.
DR-9.4.8 In determining the appropriate height of a proposed pier, the
following shall be taken into consideration: shading of critical
saltwater habitats, passage below the structure for non-motorized
recreational vessels, and aesthetics.
9.5 Dredging and Dredge Spoil Disposal
What is it? Dredging is the removal or displacement of earth such as
gravel, sand, mud, or silt from lands covered by water. Lands covered by
water include tidelands, marinas and wetlands. Dredging is normally done
for, and in this Master Program must be associated with, a specific
purpose or use such as maintaining navigation channels,
developing/expanding marinas, constructing bridge footings, laying
submarine cable and in some cases aquaculture (See Aquaculture, Section
5.6).
Dredging to restore pre-existing contours within a designated and
authorized navigation channel or basin is considered normal maintenance
(i.e. maintenance dredging) and is exempt from the requirement for a
substantial development permit. Dredging is only maintenance where
there is a designated and authorized facility such as a marina, federal
navigation channel or a berth authorized by permit. If operations expand
Final 2-14-07 10
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the channel or basin, a permit is required even if the marina or similar
project has been operating for years.
Dredge spoil is the material removed by dredging. Dredge spoil disposal
is the depositing of dredged materials on land or into water bodies for the
purpose of either creating new or additional lands or for disposing of the
dredge material (See also, Landfill, Section 9.6).
Policies
Policy 9.5.1 Restrict maintenance dredging associated with an authorized use
(though exempt from a substantial development permit) to
maintaining previously dredged and/or existing authorized
location, depth, and width. If operations expand the channel or
basin, a permit is required even if the marina or similar use has
been operating for years.
Policy 9.5.2 Site and design new development to avoid or, if that is not
possible, to minimize the need for new and maintenance dredging.
Policy 9.5.3 Allow dredging for the purpose of establishing, expanding, or
relocating or reconfiguring permitted water-dependent uses (e.g.,
navigation channels and marina basins) where necessary for
assuring safe and efficient accommodation of navigational uses.
Policy 9.5.4 Prohibit dredging waterward of the ordinary high-water mark
(OHWM) for the primary purpose of obtaining fill material, except
when the material is necessary for the restoration of ecological
functions. When allowed, the site where the fill is to be placed
must be located waterward of the ordinary high-water mark. The
project must be either associated with a Model Toxic Controls Act
(MTCA) or Federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA) habitat
restoration project or, if approved through a shoreline conditional
use permit, any other significant habitat enhancement project.
Policy 9.5.5 Plan and conduct dredge and dredge disposal operations in a
manner that avoids or minimizes interference with navigation and
significant ecological impacts. Impacts, which cannot be avoided,
should be mitigated in a manner that assures no net loss of
shoreline ecological functions.
Policy 9.5.6 Allow dredge spoil disposal:
a. In water areas only for habitat improvement to correct
problems of material distribution adversely affecting fish
and shellfish resources, or where the alternatives of
depositing material on land is more detrimental to shoreline
resources than depositing it in water areas.
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b. On land in areas where environmental impacts will not be
significant.
Policy 9.5.7 Encourage beneficial use of dredge materials (e.g. beach
nourishment, capping superfund sites on uplands) as an alternative
to deep-water disposal.
Development Regulations
DR-9.5.1 Maintenance dredging associated with an authorized use, though
exempt from a substantial development permit, shall only be
conducted upon the completion of a dredge materials management
plan for the site based on compliance with the policies and
performance standards of this Master Program.
DR-9.5.2 Dredging (that is not considered normal maintenance) and dredge
spoil disposal shall require a conditional use.
DR-9.5.3 Dredging and dredge spoil disposal shall not occur in wetlands,
except if the wetland alteration policies and regulations in Chapter
6 are followed. Dredging and dredge spoil disposal in wetlands
can occur only for the purposes of enhancing valuable wetland
functions.
DR-9.5.4 Unless waived by the Shoreline Administrator, applications for
shoreline dredging and dredge spoil disposal shall provide, at a
minimum, the following information:
a. Physical, chemical, and biological analysis of material to be
dredged, including material composition, particle size
distribution, volume and amount, organic content, source of
material, volatile solids, chemical oxygen demand (COD),
grease and oil, oxygen and heavy metals, nutrients, sulfides
and biological organisms, both permanent and
migratory/transitory.
b. Dredging technique, schedule, frequency, hours of
operation, and procedures.
c. Method of dredge spoils disposal, including the location,
size, capacity and physical characteristics of the soil
disposal area, transportation method and routes, hours of
operation, and schedule.
d. Demonstration that the sediment meets all state standards
(e.g., a letter from the appropriate regulatory agency (ies))
Final 2-14-07 12
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that the sediment meets all applicable standards for
placement at the proposed location. Assessment of water
quality impacts shall be included as an attachment.
e. Location and stability of bedlands adjacent to proposed
dredging area.
f. Hydraulic analyses, including current flows, direction, and
projected impacts. Hydraulic modeling studies are required
for large scale, extensive dredging and/or disposal projects.
g. Biological assessment including migratory, seasonal, and
spawning factors.
DR-9.5.5 Dredging and dredge material disposal shall be done in a manner
that avoids or minimizes significant ecological impacts and
impacts, which cannot be avoided, shall be mitigated in a manner
that assures no net loss of shoreline ecological functions. Analysis
of proposed dredging or dredge disposal shall include but is not
limited to a review of:
a. Conformance with the no net loss standard for ecological
processes and functions;
b. Potential damage to water quality, fish, shellfish, and other
essential biological elements;
c. Adverse impacts to natural drainage and circulation
patterns, and currents, impacts to properly functioning
conditions for proposed, threatened or endangered species
or the functions and values of critical areas;
d. Potential impacts to natural geohydraulic processes;
e. Interference of navigation or use or value of adjacent
properties; and
f. Compliance with all requirements of applicable regulatory
agencies.
DR-9.5.6 Proposals for dredging and dredge spoil disposal, when permitted,
shall:
a. Be kept to the minimum necessary to accommodate the
proposed use.
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b. Include all feasible mitigating measures to protect habitats
and to minimize adverse impacts such as turbidity, release
of nutrients, heavy metals, sulfides, organic materials, or
toxic substances, depletion of oxygen, disruption of food
chains, loss of benthic productivity, and disturbance of fish
runs and important localized biological communities;
c. Be scheduled so as to not materially interfere with the
migratory movements of anadromous fish;
d. Utilize techniques that cause minimum dispersal and
broadcast of bottom material; hydraulic dredging shall be
used wherever feasible in preference to agitation dredging;
e. Not interfere with geohydraulic processes;
f. Be found, through analysis by qualified personnel, to be
minimally or nonpolluting; and
g. Meet all requirements of applicable regulatory agencies.
Additional Standards for Dredge Deposits/Disposal
In addition to the regulations above, dredge deposits/disposal shall
comply with the following:
DR-9.5.7 Dredged soil material may be disposed at approved upland sites. If
these upland sites are dry lands and fall within shoreline
jurisdiction, the disposal of dredge spoils shall be considered
grading and must be consistent with all applicable provisions of
this Master Program. If these upland sites are associated wetlands,
then the disposal of dredge spoils shall be considered "landfill” and
must be consistent with all applicable provisions of this Master
Program.
DR-9.5.8 Water disposal may be permitted if suitable alternatives for land
disposal are not available or are infeasible, or if water disposal is
proposed and approved for habitat enhancement.
DR-9.5.9 When depositing dredge materials in water areas for ecological
enhancement, the proposal shall:
a. Result in habitat improvement; or
b. Correct problems of material distribution adversely
affecting fish and shellfish resources; or
c. Enhance geohydraulic shore processes by beach feeding.
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DR-9.5.10 Dredge material disposal sites in water areas should be identified
by the City in cooperation with the Washington State Departments
of Natural Resources, and Fish and Wildlife.
DR-9.5.11 The City may impose reasonable limitations on dredge disposal
operating periods and hours and may require provision for buffer
strips at land disposal sites.
9.6 Landfills
Landfill is the creation of or addition to the surface of the land by the
filling, placement or depositing of sand, soil, or gravel, or other material
on land covered by water, or in a wetland, marsh, bog, swamp, or similar
water detention area. Landfill is normally done for, and in this Master
Program must be associated with a specific purpose or use such
development of a commercial site, construction of roadways or a jetty.
When backfill of bulkheads involves over one cubic yard per lineal foot
shall be evaluated under both this section and Section 9.7 "Shore
Stabilization Measures”. ." Dredging spoil disposal is regulated under
Section 9.5, "Dredging."
Policies
Policy 9.6.1 Prohibit speculative landfills, sanitary and solid waste landfills and
landfills in critical areas, except when associated with an approved
habitat enhancement/restoration project as provided for in this
Master Program.
Policy 9.6.2 Utilize pier or pile supports in preference to landfills.
Policy 9.6.3 Allow landfills waterward of the ordinary high water mark, in
those limited circumstances where permitted, only when necessary
to facilitate water-dependent uses or ecological restoration projects
that are consistent with this program and the City of Port
Townsend Comprehensive Plans. Where feasible, public access to
the shoreline and the water should be incorporated into the design.
Policy 9.6.4 Ensure that, where permitted, landfills:
a. Are kept to the minimum necessary to provide for the
proposed use.
b. Take present and future uses of the site and adjacent
properties into consideration.
c. Are located, designed and constructed in a manner that does
not significantly create a hazard to adjacent life or
Final 2-14-07 15
Chapter 9 - Specific Modifications
properties, nor damage shoreline resources, including water
surface reduction, water quality, navigation, flow, current
and circulation impediments, recreation, ecological values,
and habitat impacts.
Development Regulations
DR-9.6.1 Landfill waterward of the ordinary high-water mark may be
permitted as a conditional use only if pile or pier supports are
considered infeasible due to the intended use or environmental
factors, and further, only when necessary to support:
a. Water-dependent use permitted under this Master Program,
b. Public access,
c. Cleanup and disposal of contaminated sediments as part of
an interagency environmental clean-up plan,
d. Disposal of dredged material considered suitable under, and
conducted in accordance with the dredged material
management program of the department of natural
resources,
e. Expansion or alteration of transportation facilities of
statewide significance currently located on the shoreline and
then only upon a demonstration that alternatives to fill are
not feasible,
f. In conjunction with a bridge, utility, or navigational
structure for which there is a demonstrated public need and
where no feasible upland sites, design solutions, or routes
exist,
g. Mitigation action, environmental restoration, beach
nourishment or enhancement project.
DR-9.6.2 The following landfill activities shall be prohibited in shorelines
jurisdiction:
a. Landfill proposed on wetlands, marshes, bogs, swamps, or
other ecologically sensitive areas, except for habitat
enhancement as provided for in this Master Program.
b. Speculative landfill activity. (i.e., landfill shall be permitted
only when tied to a specific development proposal that is
permitted by the Master Program).
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c. Sanitary landfills or the disposal of solid waste.
DR-9.6.3 Applications for landfill projects shall include the following
information:
a. Proposed use of the landfill area.
b. Analysis of the physical, chemical, and biological
characteristics of the fill material demonstrating that the fill
is of such quality that significant water quality, ecological
impacts, and public health problems would not occur from
its placement.
c. Fill must meet all state standards, and an applicant must
have approvals from appropriate regulatory agencies.
Assessment of water quality impacts shall be included as an
attachment.
d. Source of the landfill material.
e. Method of placement and compaction.
f. Location of the landfill relating to natural or existing
drainage patterns.
g. Location of the perimeter of the landfill relating to the
ordinary high water mark and critical areas.
h. Perimeter erosion control or stabilization means, and
schedule for implementation.
i. Type of surfacing and run-off control and treatment devices.
DR-9.6.4 Landfills shall be permitted only where it is demonstrated that:
a. The project has been located, designed, and constructed in a
manner that minimizes impacts to ecological processes and
functions and where impacts cannot be avoided, mitigation
is provided to achieve no net loss.
b. The fill is the minimum necessary to accomplish the
proposed use.
c. Present and future uses of the site and adjacent properties
have been taken into consideration and protected to the
extent feasible, with preference for uses which are
consistent with the Act and this Master Program.
Final 2-14-07 17
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d. Where existing public access will be reduced, equivalent
public access has been provided on- or off-site as part of the
project.
e. Fill material consists only of soil, sand, rock, or gravel. Fill
material shall not contain junk, garbage, rubbish,
contaminated soil, sewage or other potentially hazardous
materials.
f. Placement of landfill will be timed so as to minimize
damage to water quality and aquatic life.
g. The landfill has been designed, constructed, and shall be
maintained to prevent, minimize, and control all material
movement, erosion, and sedimentation from the affected
area. Landfill perimeters shall be designed and constructed
with silt curtains, vegetation, retaining walls, or other
mechanisms to prevent material movement. In addition the
sides of the landfill shall be appropriately sloped to prevent
erosion and sedimentation, both during initial landfill
activities and afterwards.
h. Landfills shall not adversely affect normal surface water
drainage between adjacent properties.
9.7 Shoreline Stabilization Measures & Flood Protection Works
Shore stabilization works include actions taken to stabilize the shoreline,
addressing erosion impacts to property and improvements caused by
natural processes, such as current, flood, tides, wind, or wave action.
These actions include structural and nonstructural methods.
Nonstructural methods include building setbacks, relocation of the
structure to be protected, ground water management, and/or planning and
regulatory measures to avoid the need for structural stabilization.
Structural methods can be “hard” or “soft”. "Hard" structural stabilization
measures refer to those with solid, hard surfaces, such as concrete
bulkheads. These are static structures traditionally constructed of rock,
concrete, wood, metal, or other materials that deflect, rather than absorb,
wave energy. "Soft" structural measures rely on softer materials, such as
vegetation, drift logs, and gravel. They are intended to absorb wave
energy, mimicking the function of a natural beach. Generally, the harder
the construction measure, the greater the impact on shoreline processes,
including sediment transport, geomorphology, and biological functions.
Structural shoreline stabilization methods also often result in vegetation
removal and damage to near-shore habitat and shoreline corridors. The
Final 2-14-07 18
Chapter 9 - Specific Modifications
following methods of shoreline defense are organized from “soft” to
“hard”. The use of “soft” methods is the preferred “best practices” choice
(if non-structural methods cannot be used or are insufficient) when
considering shoreline defense works.
"Soft"
• Vegetation enhancement;
• Upland drainage control;
• Bioengineering/biotechnical measures;
• Beach enhancement;
• Anchor trees; and
• Gravel enhancement.
"Hard"
• Rock revetments;
• Gabions;
• Groins;
• Retaining walls and bluff walls;
• Bulkheads; and
• Seawalls.
What constitutes normal repair and maintenance? As applied to shore
defense works, "normal repair" and "normal maintenance" include the
patching, sealing, or refinishing of existing structures, the replenishment
of sand or other material that has been washed away, and the replacement
of less than twenty percent (20%) of the structure. Normal maintenance
and normal repair are limited to those actions that are typically done on a
periodic basis. Construction that causes significant ecological impact is
not considered normal maintenance and repair.
What constitutes replacement? As applied to shoreline defense works,
"replacement" means the construction of a new structure to perform a
shoreline stabilization function when an existing structure can no longer
adequately serve its purpose. Additions to or increases in size of existing
shoreline stabilization measures are considered new structures under this
Master Program.
What is required for additions to existing defense works? Additions to
or increases in size of existing shoreline defense works shall be considered
new structures.
Is there an exception for protecting a home? Pursuant to the Shoreline
Management Act (RCW 90.58.100(6), measures to protect single-family
residences occupied prior to January 1, 1992, are exempt from the
requirement to obtain a shoreline substantial development permit.
Final 2-14-07 19
Chapter 9 - Specific Modifications
However, a statement of exemption must be obtained from the City before
constructing, adding to or substantially modifying these structures. The
City will issue an exemption upon a finding that the structure is designed
to minimize harm to the shoreline natural environment and that, to the
extent feasible, the structure complies with the policies, prohibitions, and
development standards of this Master Program. Mitigation may be
required to meet the no net loss standard.
The following policies and regulations apply to all actions and
developments that modify the shoreline for the purposes of preventing
shore erosion or flooding.
Policies
Policy 9.7.1 Strive to reduce or eliminate the need for structural shoreline
modifications activities through application of appropriate land use
designations, development standards, and public education.
Policy 9.7.2 Discourage new development requiring structural shoreline
defense works.
Policy 9.7.3 Relocating existing structures out of harms way is preferable to
construction of structural defense works.
Policy 9.7.4 Allow structural stabilization methods only:
a. After it is demonstrated that nonstructural solutions would
not be able to reduce the potential damage sufficiently, and
b. Where it has been demonstrated to be necessary to support
or protect a new use consistent with this Master Program, a
legally established, inhabited structure or ongoing shoreline
use that is in danger of loss or substantial damage or when
necessary for reconfiguration of the shoreline for
hazardous substance remediation or restoration of ecological
functions.
c. Structural stabilization will not be permitted for the indirect
purpose of creating land by filling.
Policy 9.7.5 Encourage soft stabilization and protection works, such as
protective berms or vegetative stabilization over “hard” structural
means such as concrete bulkheads or extensive revetments.
Furthermore, designs that do not interrupt net drift or migration of
anadramous fish are preferred (for example, open poling
construction is preferable to solid walls, and floating breakwaters
are preferable to solid landfills).
Final 2-14-07 20
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Policy 9.7.6 Consider the effect that proposed shore defense works have on
ecosystem-wide processes (e.g., sand movement) and functions
(e.g., habitat). Make provisions to avoid and minimize impacts
where feasible. Mitigation must be provided to achieve no net
loss.
Policy 9.7.7 Give special attention to the effect these structures will have on
aesthetic qualities of the shoreline, public access and use of the
water.
Development Regulations
DR-9.7.1 Structural stabilization methods shall be permitted when necessary
for reconfiguration of the shoreline for mitigation or enhancement
purposes. In all other cases, structural stabilization methods shall
only be allowed when all of the following criteria are met:
a. Relocation of existing structures, or implementation of
nonstructural measures, such as placing the development
even further from the shoreline, planting and or retaining
vegetation, or installing on-site drainage improvements, are
not feasible or not sufficient.
b. Structural stabilization has been demonstrated, through a
geotechnical report, to be necessary to support or protect a
legally established, inhabited structure or ongoing shoreline
use that is in danger of loss or substantial damage.
c. The erosion is not being caused by upland conditions, such
as the loss of vegetation and drainage.
d. The shoreline defense structure will avoid and minimize
adverse impacts to the extent feasible, and where such
impacts cannot be avoided, mitigation shall be provided to
achieve no net loss.
e. The least intrusive (i.e., “softest”) method, sufficient to
protect the shoreline use, has been proposed.
f. Structural stabilization is required as part of a hazardous
substance remediation plan.
DR-9.7.2 The City shall require and utilize the following information during
its review of shoreline stabilization and flood protection proposals:
a. Purpose of the project;
b. Documentation (including photos) of existing (pre-
construction) shoreline characteristics;
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c. Description of physical, geological, and/or soil
characteristics of the area including existing and proposed
slope profiles and location of ordinary high water mark;
d. Hydraulic characteristics of the water body within one-half
(0.5) mile on each side of the proposed project;
e. Existing shoreline stabilization and flood protection devices
within one-half (0.5) mile on each side of the proposed
project;
f. Biological characteristics of the area including vegetation,
fish and wildlife resources, and suitability of site to support
forage fish spawning;
g. Construction materials including size, shape, quantity, plant
types, and soil preparations;
h. Construction methods and timing;
i. Predicted impact upon area shore and hydraulic processes,
ecological functions and values, public access, adjacent
properties, and shoreline and water uses;
j. Consideration of alternative measures (including non-
structural) to achieve the same purpose;
k. Competent technical assurance that the proposed shore
defense structure will perform as designed;
l. Description of measures incorporated into the design to
address aesthetics and public access; and
m. Evaluation, by a qualified coastal geologist and marine
habitat biologist, of the cumulative effects of “hard”
stabilization methods within the drift cell; and
n. A geotechnical report documenting the need for the
proposed structure. For existing and new development, the
geotechnical report must document the need to protect
primary structures from damage due to erosion. Hard
armoring solutions should not be authorized except when a
report confirms that there is a significant possibility that
such a structure will be damaged within three years as a
result of shoreline erosion in the absence of such hard
armoring measures.
DR-9.7.3 Shoreline stabilization works, including revetments and bulkheads,
shall be located, designed and constructed in such a manner that
will:
a. Minimize alterations of the natural shoreline and shoreline
processes including sediment feeding of nearby beaches.
Final 2-14-07 22
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b. Minimize damage to ecological functions including wildlife,
fish and shellfish habitats.
c. Provide for the long term multiple use of shoreline resources
and public access to public shorelines. In the design of
publicly financed or subsidized works, consideration should
be given to providing pedestrian access to shorelines for low
intensity outdoor recreation.
d. Blend with the surroundings and not distract from the
aesthetic qualities of the shoreline.
e. Achieve the policy of “no net loss” of ecological functions
necessary to sustain shoreline resources.
DR-9.7.4 Use of scrap building materials, asphalt from street work, or any
discarded materials, equipment or appliances for the stabilization
of shorelines shall be prohibited except when the recycled
materials are found to be functionally, environmentally, and
aesthetically equivalent to new materials.
DR-9.7.5 Upon project completion, all disturbed shoreline areas shall be
restored to as near pre-project configuration as possible and
replanted with appropriate vegetation, with preference given to
native plantings. All losses in nearshore/riparian vegetation or fish
or wildlife habitat shall be mitigated at a minimum ratio of 1:1.25
(habitat lost to habitat replaced).
Hard Stabilization Methods (e.g., revetments, bulkheads)
“Hard” stabilization methods are solid, static structures including
rock revetments, gabions, concrete groins, retaining walls and bluff
walls, bulkheads, and seawalls (definitions in Chapter 15). The
two most common hard methods applied in Puget Sound are
revetments and bulkheads.
A revetment is a sloped shoreline structure built to protect an
existing eroding shoreline or newly placed fill against currents and
wave action. Revetments are most commonly built of randomly
placed boulders (riprap) but may also be built of sand cement bags,
paving, or building blocks, gabions (rock filled wire baskets) or
other systems and materials. The principal features of a revetment,
regardless of type is a heavy armor layer, a filter layer, and toe
protection.
Final 2-14-07
Bulkheads are solid or open-pile walls usually constructed parallel
to the shore whose primary purpose is to contain and prevent the
loss of soil by erosion, wave, or current action. Bulkheads are
used to protect marine bluffs by retaining soil at the toe of the
slope or by protecting the toe of the bank from erosion and
undercutting. Bulkheads are typically constructed of poured-in-
23
Chapter 9 - Specific Modifications
place concrete, steel or aluminum sheet piling, wood, or wood and
structural steel combinations.
Additional Policies for Hard Stabilization Methods
In addition to the policies and regulations listed above, proposals
for “hard” stabilization methods shall comply with the policies and
regulations in this subsection.
Policy 9.7.8 Evaluate the cumulative effect of allowing “hard” stabilization
methods along the shoreline prior to permitting new “hard”
structures. If it is determined that the cumulative effects cannot be
mitigated, then exemptions and permits should not be granted
unless denial would violate statutory or constitutional rights.
Policy 9.7.9 Do not permit “Hard” structures as a solution to geo-physical
problems such as mass slope failure, sloughing, or landslides.
Hard structures should only be approved for the purposes of
preventing bank erosion.
Additional Regulations for “Hard” Stabilization Structures
DR-9.7.6 Proposals for hard stabilization structures must first demonstrate
that use of natural materials and processes and non-structural
solutions to bank stabilization are unworkable.
DR-9.7.7 Hard stabilization structures may be allowed only when evidence
is presented which conclusively demonstrates that at least one of
the following conditions exist:
a. Erosion threatens a legally established use or existing
building(s) on upland property: provided that all other
alternative methods of shore protection have proven
infeasible.
b. Structural stabilization is necessary to the operation and
location of a new, single-family home, or a water-
dependent, water-related, or water-enjoyment use consistent
with this Master Program; provided that all other alternative
methods of shore protection have proven infeasible.
c. Structural stabilization is necessary to retain a landfill that
has been approved consistent with the provisions of this
Master Program.
d. Structural stabilization is a necessary component of a bridge
or navigational structure for which there is a demonstrated
public need and where no feasible upland sites, design
solutions, or routes exist; or
e. Structural stabilization is necessary as part of a habitat
enhancement project.
Final 2-14-07 24
Chapter 9 - Specific Modifications
DR-9.7.8 Bulkheads are to be permitted only where local physical conditions
are suitable for such alterations. Factors to consider shall include
but are not limited to foundation bearing materials and surface and
subsurface drainage.
Siting and Design for Soft Stabilization
DR-9.7.9 Soft shoreline stabilization measures that provide restoration of
shoreline ecological functions may be permitted waterward of the
ordinary high-water mark.
Siting and Design for Hard Stabilization
DR-9.7.10 Bulkheads and revetments shall be located landward of the
ordinary high water mark and generally parallel to the natural
shoreline unless geotechnical evaluation demonstrates the
necessity for alternative design. In addition:
a. Where no other bulkheads are adjacent, the construction of a
bulkhead shall be as close to the eroding bank as possible
and in no case shall it be more than six (6) feet from the toe
of the bank.
b. A bulkhead for a permitted landfill shall be located at the
toe of the fill.
c. Where permitted, a bulkhead must tie in flush with existing
bulkheads on adjoining properties, except where the
adjoining bulkheads extend waterward of the ordinary high
water mark.
DR-9.7.11 Replacement bulkheads may be permitted if there is a
demonstrated need to protect primary uses or structures from
erosion caused by currents, tidal action, or waves provided that:
a. The replacement structure is designed, located, sized, and
constructed to assure no net loss of ecological functions.
b. The replacement structure does not encroach waterward of
the ordinary high-water mark or existing structure unless the
residence was occupied prior to January 1, 1992 and there
are overriding safety or environmental concerns. In such
cases, the replacement structure shall abut the existing
shoreline stabilization structure. Minor encroachment may
be granted for resurfacing of existing structures in
conformance with Washington State Department of Fish &
Wildlife regulations.
c. The existing structure is removed unless doing so is found
to be detrimental to ecological functions and values.
Final 2-14-07 25
Chapter 9 - Specific Modifications
DR-9.7.12 Bulkheads shall be sited and designed consistent with appropriate
engineering principles. Professional geologic site studies or design
may be required for any proposed bulkhead if the Shoreline
Administrator determines sufficient uncertainties exist.
DR-9.7.13 Bulkheads shall be designed for the minimum dimensions
necessary to adequately protect the development.
DR-9.7.14 Bulkheads and revetments shall be designed to permit the passage
of surface or groundwater without causing ponding or saturation of
retained soil/materials.
DR-9.7.15 Adequate toe protection consisting of proper footings, a fines
retention mesh, etc., shall be provided to ensure bulkhead stability
without relying on additional riprap.
DR-9.7.16 Materials used in bulkhead construction shall meet the following
standards:
a. Bulkheads shall utilize stable, non-erodable, homogeneous
materials such as concrete, wood, and rock that are
consistent with the preservation and protection of the
ecological habitat.
b. Shore materials shall not be used for fill behind bulkheads,
except clean dredge spoil from a permitted off-site dredge
and fill operation.
DR-9.7.17 If hard stabilization methods are employed the following design
criteria shall be met:
a. The size and quantity of the material shall be limited to only
that necessary to withstand the estimated energy intensity of
the hydraulic system;
b. Filter cloth must be used to aid drainage and help prevent
settling;
c. The toe reinforcement or protection must be adequate to
prevent a collapse of the system wave action; and
d. Fish habitat components shall be considered in the design
subject to Hydraulic Project Approval by the Washington
Department of Fish and Wildlife.
Final 2-14-07 26
Chapter 9 - Specific Modifications
Public Access Provisions
DR-9.7.18 When hard stabilization measures are required at a public access
site, provision for safe access to the water shall be incorporated
into bulkhead design.
DR-9.7.19 Stairs or other permitted structures may be built into a hard
stabilization structure but shall not extend waterward of it.
Final 2-14-07 27
Chapter 9 - Specific Modifications
Final 2-14-07
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Chapters 10 –13 Administrative Procedures
Chapter 10
Administration & Permit Procedures
SECTIONS:
10.1 Introduction
10.2 Procedures for Processing Shoreline Permits
10.3 Shoreline Exemptions
10.4 Minor Shoreline Substantial Development Permits (Type II)
10.5 Shoreline Substantial Development Permits (Type III)
10.6 Conditional Use Permits
10.7 Variances
10.8 Table of Permits and Procedures
10.9 Permit Application – Forms and Contents
10.10 Public Notice
10.11 Multiple Permits
10.12 SEPA review
10.13 Decision Maker Approval Criteria
10.14 Administrative Authority and Responsibility
10.15 Appeals
10.16 Application Fees
10.17 Duration of Permits
10.18 Permit Revisions
10.1 Introduction
This chapter establishes an administrative system to assign responsibilities
for review of shoreline development permits, to prescribe the processes by
which all shoreline permit applications shall be reviewed, public notice
provided, and to ensure that all such shoreline permit applications are dealt
with in a predictable and equitable manner.
This chapter establishes administrative permit processes for “minor”
Conditional Use Permits, “minor” Variances and “minor” Substantial
Development Permits. These administrative permit processes provide for
public notice and an administrative decision that may be appealed to the
City Hearing Examiner.
Multiple Shoreline Permits. This Shoreline Master Program establishes
use regulations (permitted, conditionally permitted, and prohibited uses);
permit procedures for various levels of development (permit exemptions,
Minor Substantial Development Permits, and Substantial Development
Permits), and procedures for variances. In circumstances where both a
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Chapters 10 –13 Administrative Procedures
Conditional Use Permit (minor or full) and a Substantial Development
Permit (minor or full) are both required, the applicant shall submit both
permits requests simultaneously. Requests for variances (minor or full)
shall also be processed simultaneously with other shoreline permits.
10.2 Procedures for Processing Shoreline Permits
10.2.1 Forms
Applications for such permits shall be made on forms provided by the
Shoreline Administrator and accompanying material as required by
Chapter 20.01 PTMC.
10.2.2 Shoreline Administrator
The Director of the Development Services Department, or his/her designee, shall
serve as the Shoreline Administrator. The Shoreline Administrator shall
determine the proper procedure for all shoreline permit applications. If there is a
question as to the appropriate type of procedure, the Shoreline Administrator shall
resolve it in favor of the higher procedure type number.
10.2.3 Development Permits
Activities proposed within the shoreline jurisdiction that fall within the
definition of “development” must obtain a Letter of Exemption, a Minor
Shoreline Substantial Development Permit, or a Substantial Development
Permit. All permit applications to conduct development proposals within
shoreline jurisdiction shall be processed according to the procedures of
Port Townsend Municipal Code (PTMC) 20.01 Land and Shoreline
Development Administrative Procedures. See table 10.8-1 below for
summary of permits and procedures.
10.3 Shoreline Exemptions (Type I-A)
10.3.1 Regulated Development Activities
For list of Shoreline exemptions contained in Chapter 2., Section 2.4.
10.3.2 Process
Shoreline exemptions shall be processed as a Type I-A administrative
permit application without public notice or comment pursuant to PTMC
Chapter 20.01. The decision maker shall be the Shoreline Administrator
and administrative appeals heard by the Port Townsend Hearing
Examiner.
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Chapters 10 –13 Administrative Procedures
10.4 Minor Shoreline Substantial Development Permits (Type II)
10.4.1 Regulated Development Activities
Development activities that meet one or more of the following criteria
shall be processed as a Minor Shoreline Substantial Development Permit:
a. Remodel, rehabilitation, or other development activities that
significantly alter the exterior of an existing building (e.g. adding
a fire escape ladder to the exterior of a multi-story structure).
Minor modifications to the building such as changes in window or
door openings, replacement of roofing material or siding may be
processed as a shoreline exemption;
b. Expansions of existing buildings that do not exceed a total of
1,000 square feet, will not exceed one-story in height, and will not
increase the height of an existing roof;
c. Temporary buildings or other activities that do not qualify as an
exemption because they may have a temporary adverse impact on
public views or access;
d. Public access and other associated amenities (such as trails,
signage, benches, educational, or recreational facilities) that are
located landward of the ordinary high water mark and the fair
market value does not exceed $50,000;
e. Underground utility improvements, including utility extensions,
within an existing right-of-way; and
f. Minor artwork as defined by this Master Program.
10.4.2 Process
Minor Substantial Development Permits will be processed as a Type II
administrative permit application with public notice and comment
pursuant to PTMC Chapter 20.01. The decision maker shall be the
Shoreline Administrator and administrative appeals heard by the Port
Townsend Hearing Examiner.
10.5 Shoreline Substantial Development Permits (Type III)
10.5.1 Regulated Development Activities
Development activities that meet one or more of the following criteria
shall be processed as a shoreline Substantial Development Permit:
a. Development activities that do not qualify for either a shoreline
Letter of Exemption or a Minor Substantial Development Permit;
b. The construction of overwater structures or improvements
waterward of the OHWM;
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Chapters 10 –13 Administrative Procedures
c. Other development activities of a temporary or permanent nature
that are determined by the shoreline administrator to have a
probable detrimental impact to public access or public views of
the shoreline.
10.5.2 Process
Shoreline Substantial Development Permits will be processed as a Type III
permit applications subject to public notice, comment, and a public
hearing pursuant to PTMC Chapter 20.01. The decision maker shall be
the Hearing Examiner and administrative appeals heard by the City
Council.
10.6 Conditional Use Permits
10.6.1 Purpose
The purpose of a Conditional Use Permit is to allow flexibility in varying
the application of the use regulations of the Master Program in a manner
consistent with the policies of RCW 90.58.020; provided that Conditional
Use Permits should also be granted in a circumstance where denial of the
permit would result in a thwarting of State policy enumerated in RCW
90.58.020. In authorizing a Conditional Use special conditions may be
attached to the permit by the City of Port Townsend or by the Department
of Ecology to prevent undesirable effects of the proposed use and/or to
assure consistency of the project with the Act and this Master Program.
10.6.2 Uses Eligible for Conditional Use Approval
Uses that are classified by either Table 5.14-1 or Chapter 8, as conditional
uses shall obtain a minor or full Conditional Use Permit.
Uses that are not classified in Chapter 5 or Chapter 8 may be authorized as
Conditional Uses provided the applicant can demonstrate compliance with
the criteria listed below and all other applicable policies and regulations of
this Master Program.
Uses that are specifically prohibited by the Master Program may not be
authorized by a Conditional Use Permit.
10.6.3 Minor Shoreline Conditional Use Permits (Type II)
Description
Uses that are classified as a conditional use by the Shoreline Master
Program, shall be processed as a minor conditional use if one or more of
the following criteria are met:
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Chapters 10 –13 Administrative Procedures
a. The use will occur entirely within an existing building and
involves no changes to the exterior.
b. The use will be associated with development activities that require
either a Letter of Exemption or a Minor Substantial Development
Permit.
c. The use does not involve any development activities but is
classified as a Conditional Use by this Master Program.
Process
Minor Conditional Use Permits will be processed as a Type II
administrative permit applications with public notice and comment
pursuant to PTMC Chapter 20.01. Minor Conditional Use Permits shall
meet the approval criteria listed in Section 10.6.5 below. The decision
maker shall be the Shoreline Administrator and administrative appeals
heard by the Port Townsend Hearing Examiner.
10.6.4 Shoreline Conditional Use Permits (Type III)
Description
Uses that are classified as a conditional use by the Shoreline Master
Program, shall be processed as shoreline conditional uses if the proposed
use or development exceeds the criteria established for minor shoreline
conditional uses or requires a shoreline Substantial Development Permit.
Process
Shoreline Conditional Use Permits will be processed as Type III permit
applications subject to public notice, comment, and a public hearing
pursuant to PTMC Chapter 20.01. Conditional Use Permits shall meet the
approval criteria listed in section 10.6.5 below. The decision maker shall
be the Hearing Examiner and administrative appeals will be heard by the
City Council.
10.6.5 Criteria for Granting Shoreline Conditional Use Permits
Uses classified as conditional uses may be authorized provided that the
applicant can demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Master Program;
b. That the proposed use will not interfere with the normal public use
of public shorelines;
c. That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area and with
uses planned for the area under the comprehensive plan;
d. That the proposed use will cause no significant adverse effects to
the shoreline environment in which it is to be located; and
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Chapters 10 –13 Administrative Procedures
e. That the public interest will suffer no substantial detrimental
effect.
f. That the decision maker has given consideration to the cumulative
impact of additional requests for like actions in the area. For
example, if Conditional Use Permits were granted for other
developments in the area where similar circumstances exist, the
total impacts from the Conditional Uses shall also remain
consistent with the policies of RCW 90.58.020 and shall not
produce substantial adverse effects to the shoreline environment.
10.6.6 Filing Conditional Use Permits with the Department of Ecology -
Review of Conditional Use Permits
After the decision maker has made a final decision on a Conditional Use
Permit application, the Administrator shall file the Permit with the
Department of Ecology for its approval, approval with conditions, or
denial. A permit data sheet in the form provided under WAC 173-27-990
(Appendix H) shall be submitted to the Department of Ecology with each
Conditional Use Permit. The Department of Ecology will issue its
decision on a Conditional Use Permit within thirty (30) days of filing.
Filing is not complete until all the required documents have been received
by the Department of Ecology and the Attorney General.
Upon receipt of the Department of Ecology's decision, the Administrator
shall notify those interested persons who requested notification of such
decision.
Development authorized by a Conditional Use Permit shall not begin until
twenty-one (21) days from the date the Department of Ecology renders a
decision on the Conditional Use Permit and transmits that decision to the
Administrator (date of filing). The Department of Ecology shall notify the
Administrator of the date of filing on an individual Conditional Use
Permit. In the event of an appeal refer to the provisions of RCW
90.58.140 for when construction work may begin.
10.7 Variances
10.7.1 Purpose
Variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW
90.58.020. In all instances the applicant must demonstrate that
extraordinary circumstances exist and that the public interest shall suffer
no substantial detrimental effect as a result of granting the variance. The
purpose of a Variance Permit is strictly limited to granting relief to
specific bulk, dimensional, or performance standards set forth in the
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Chapters 10 –13 Administrative Procedures
Master Program. A variance may also be appropriate where there are
extraordinary circumstances relating to the physical property or
configuration of property such that the strict implementation of the Master
Program would impose unnecessary hardships on the applicant, including
but not limited to denying all reasonable use of a property. When located
within shorelines jurisdiction, reasonable use exceptions pursuant to
19.05.050(D) shall be processed as a shoreline variance.
10.7.2 Minor Shoreline Variances (Type II)
Description
Minor variances are those variances which request an expansion of an
existing building which would extend no more than 10 percent beyond the
setback, height, bulk and/or dimensional requirements established in this
master program and would not expand the footprint of an over-water
structure. Use variances are prohibited
Process
Minor shoreline Variance Permits will be processed as a Type II
administrative permit application with public notice and comment
pursuant to PTMC Chapter 20.01. The decision maker shall be the
Shoreline Administrator and administrative appeals will be heard by the
Port Townsend Hearing Examiner.
10.7.3 Shoreline Variances (Type III)
Description
Variances are requests to adjust the applicable setback and/or bulk and
dimensional requirements established by this Shoreline Master Program
that exceed 10%. Use variances are prohibited.
Process
Shoreline Variance Permits will be processed as a Type III permit
applications subject to public notice, comment, and a public hearing
pursuant to PTMC Chapter 20.01. The decision maker shall be the
Hearing Examiner and administrative appeals will be heard by the City
Council. All variance requests that exceed the criteria for “minor
variances” shall be processed as a Type III variance.
Application
Development proposals that request a modification of applicable setbacks,
bulk, height, or dimensional standards shall be processed as Minor or full
Variances. Minor and full Variance Permit applications shall be processed
according to the procedures of Port Townsend Municipal Code (PTMC)
20.01 Land and Shoreline Development Administrative Procedures. See
table 10.8-1 below for summary of permits and procedures. Pursuant to
the procedures contained in PTMC 20.01, shoreline development
approvals shall be classified as follows:
Final 2-14-07
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Chapters 10 –13 Administrative Procedures
a. An application for a shoreline Variance shall be submitted on a
form provided by the Administrator and accompanying material
as required by Chapter 20.01 PTMC;
b. An applicant for a Substantial Development Permit who wishes to
request a Variance shall submit the Variance application and the
Permit simultaneously.
10.7.4 Variance Approval Criteria
The following criteria shall be used in evaluating variance applications:
1. Criteria for Granting Upland Variances. Variance Permits for
development that will be located landward of the ordinary high water
mark, except those areas designated by the Department of Ecology as
marshes, bogs, or swamps (wetlands) pursuant to WAC 173-22, may
be authorized provided the applicant can demonstrate all of the
following:
a. That the strict requirements of the bulk, dimensional, or
performance standards set forth in the Master Program
preclude or significantly interfere with a reasonable use of the
property not otherwise prohibited by the Master Program;
b. That the hardship described in subsection (a) above is
specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size, or natural features
and the application of the Master Program, and not, for
example, from deed restrictions or the applicant's own actions;
c. That the design of the project will be compatible with other
permitted activities in the area and will not cause adverse
effects to adjacent properties or the shoreline environment;
d. That the Variance requested will not constitute a grant of
special privilege not enjoyed by the other properties in the
area;
e. That the variance requested is the minimum necessary to
afford relief; and
f. That the public interest will suffer no substantial detrimental
effect.
2. Criteria for Granting Variances Waterward of Ordinary High Water.
Variance Permits for development that will be located either
waterward of the ordinary high water mark (OHWM) or within
marshes, bogs, or swamps as designated in WAC 173-22, may be
authorized provided the applicant can demonstrate all the criteria
stated above as well as the following:
a. That the public rights of navigation and use of the shorelines
will not be adversely affected by granting the Variance;
Final 2-14-07
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Chapters 10 –13 Administrative Procedures
b. That the strict application of the bulk, dimensional or
performance standards set forth in the Shoreline Master
Program precludes all reasonable use of the property;
c. That the proposal is consistent with the criteria established
under subsection 1.b. through 1.f. of this section; and
d. That the decision maker has given consideration of the
cumulative impact of additional requests for like actions in the
area. For example, if Variances were granted to other
developments in the area where similar circumstances exist,
the total impacts from the Variances shall also remain
consistent with the policies of RCW 90.58.020 and shall not
produce substantial adverse effects to the shoreline
environment.
3. Variances from the use regulations of the Master Program are
prohibited. However, a request for an unclassified use may be
authorized as a Conditional Use (See Section 10.6 Conditional Use
Permits).
10.7.5 Filing Variance Permits with the Department of Ecology - Review of
Variance Permits
After the decision maker has made a final decision on a Variance Permit
application, the Administrator shall file the Permit with the Department of
Ecology for its approval, approval with conditions, or denial. A permit
data sheet in the form provided by WAC 173-27-990 (Appendix H) shall
be submitted to the Department of Ecology with each Variance Permit.
The Department of Ecology will issue its decision on a Variance Permit
within thirty (30) days of filing. Filing is not complete until all the
required documents have been received by the Department of Ecology and
the Attorney General.
Upon receipt of the Department of Ecology's decision, the Administrator
shall notify those interested persons who requested notification of such
decision.
Development authorized by a Variance Permit shall not begin until
twenty-one (21) days from the date of filing (the date the Department of
Ecology renders a decision on the Variance Permit and transmits that
decision to the Administrator). The Department of Ecology shall notify
the Administrator of the date of filing on an individual Variance Permit.
In the event of an appeal refer to the provisions of RCW 90.58.140 for
when construction work may begin.
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Chapters 10 –13 Administrative Procedures
10.8-1 Table of Permits and Procedures
Table 10.8-1 below classifies shoreline development permits by procedure
type, decision maker, and type of public notice.
Table 10.8-1
Permit
Application Type Decision maker Public Notice Notes
Shoreline
Exemptions
Type I-A Shoreline
Administrator
N/A List of Shoreline
exemptions contained
in Chapter 2., section
2.4.
Minor
Shoreline
Substantial
Development
Permits
Type II Shoreline
Administrator
a. Mailed notice to
property owners w/in
300 ft.
b. Notice posted on-site
c. Published Notice
See Section 10.4 for
definition and approval
criteria.
Shoreline
Substantial
Development
Permits
Type III Hearing
Examiner
a. Mailed to property
owners w/in 300 ft.
b. Posted on-site
c. Published notice
See Section 10.5 for
definition and approval
criteria.
Minor
Conditional
Use Permits
Type II Shoreline
Administrator
Ecology
a. Mailed notice to
property owners w/in
300 ft.
b. Notice posted on-site
c. Published Notice
See Section 10.6.3 for
definition and approval
criteria.
After local government
approval, the permit is
submitted to the
Department of Ecology
for the department's
approval, approval with
conditions, or denial
WAC 173-27-110
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Chapters 10 –13 Administrative Procedures
Conditional
Use Permits
Type III Hearing
Examiner
Ecology
a. Mailed to property
owners w/in 300 ft.
b. Posted on-site
c. Published notice
See Section 10.6.4 for
definition and approval
criteria.
After local government
approval, the permit is
submitted to the
Department of Ecology
for the department's
approval, approval with
conditions, or denial
WAC 173-27-110
Minor
Variances
Type II Shoreline
Administrator
Ecology
a. Mailed notice to
property owners w/in
300 ft.
b. Notice posted on-site
c. Published Notice
See Section 10.7.2 for
definition and approval
criteria.
After local government
approval, the permit is
submitted to the
Department of Ecology
for the department's
approval, approval with
conditions, or denial
WAC 173-27-110.
Variances
Type III Hearing
Examiner
Ecology
a. Mailed to property
owners w/in 300 ft.
b. Posted on-site
c. Published notice
See Section 10.7.3 for
definition and approval
criteria.
After local government
approval, the permit is
submitted to the
Department of Ecology for
the department's approval,
approval with conditions,
or denial WAC 173-27-
110.
Summary of Decision Making:
Type IA – Administrative without notice, Administrative appeal by the applicant
only; appealable to the hearing examiner.
Type II – Administrative with notice, appealable by any aggrieved party to the
hearing examiner.
Type III – Hearing Examiner Review. Notice and open record public hearing
before the hearing examiner. Hearing examiner makes the final decision subject
to a right of appeal held before the city council.
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Chapters 10 –13 Administrative Procedures
10.9 Permit Application – Forms and Contents
10.9.1 Forms
The Shoreline Administrator shall provide the necessary application forms
for Permit Exemptions, Substantial Development Permits, Shoreline
Conditional Use Permits, Shoreline Variance Permits, JARPA (Joint
Aquatic Resource Protection Application), and Master Land Use
Application.
10.9.2 Contents
A complete application for a Substantial Development Permit, Shoreline
Conditional Use Permit, or Shoreline Variance Permit shall, at a
minimum, contain the following information, as required under §173-27-
180 WAC:
a. The name, address and phone number of the applicant. The
applicant should be the owner of the property or the primary
proponent of the project and not the representative of the owner or
primary proponent.
b. The name, address and phone number of the applicant's
representative if other than the applicant.
c. The name, address and phone number of the property owner, if
other than the applicant.
d. Location of the property. This shall, at a minimum, include the
property address and parcel number. All applications for projects
located in open water areas away from land shall provide a
longitude and latitude location.
e. Identification of the name of the shoreline (water body) that the
site of the proposal is associated with.
f. A general description of the proposed project that includes the
proposed use or uses and the activities necessary to accomplish
the project.
g. A general description of the property as it now exists including its
physical characteristics and improvements and structures.
h. A general description of the vicinity of the proposed project
including identification of the adjacent uses, structures and
improvements, intensity of development and physical
characteristics.
i. A site development plan consisting of maps and elevation
drawings, drawn to an appropriate scale to depict clearly all
required information, photographs and text which shall include:
i. The boundary of the parcel(s) of land upon which the
development is proposed;
ii. The ordinary high water mark of all water bodies located
adjacent to or within the boundary of the project. This
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Chapters 10 –13 Administrative Procedures
may be an approximate location except that, when a
determination of consistency with the applicable
regulations requires a precise location of the ordinary high
water mark the mark shall be located precisely and the
biological and hydrological basis for the location as
indicated on the plans shall be included in the
development plan. Where the ordinary high water mark is
neither adjacent to nor within the boundary of the project,
the plan shall indicate the distance and direction to the
nearest ordinary high water mark of a shoreline;
iii. Existing and proposed land contours. The contours of
areas proposed to be modified shall be at intervals of not
less than 2 feet. Areas within the boundary that will not
be altered by the development may be indicated as such
and contours approximated for that area;
iv. A delineation of all wetland areas that will be altered or
used as a part of the development, if applicable;
v. A general indication of the character of vegetation found
on the site;
vi. The dimensions and locations of all existing and proposed
structures and improvements including but not limited to:
buildings, paved or graveled areas, roads, utilities, septic
tanks and drainfields, material stockpiles or surcharge,
and stormwater management facilities;
vii. Where applicable, a landscaping plan for the project;
viii. Where applicable, plans for development of areas on or
off the site as mitigation for impacts associated with the
proposed project shall be included and contain
information consistent with the requirements of this
section;
ix. Quantity, source and composition of any fill material that
is placed on the site, whether temporary or permanent;
x. Quantity, composition and destination of any excavated or
dredged material;
xi. A vicinity map showing the relationship of the property
and proposed development or use to roads, utilities,
existing developments and uses on adjacent properties;
xii. Where applicable, a depiction of the impacts on views
from existing residential uses and public areas;
xiii. On all variance applications the plans shall clearly
indicate where development could occur without approval
of a variance, the physical features and circumstances on
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Chapters 10 –13 Administrative Procedures
the property that provide a basis for the request, and the
location of adjacent structures and uses;
xiv. Any other supplemental information, studies or reports
deemed necessary by the Shoreline Administrator;
xv. Additional information as specified by PTMC 20.01.100
Development permit application; and
xvi. Information necessary to address applicable approval
criteria for Conditional Use Permits and variances
established in this Chapter.
10.9.3 Complete Application
Complete application and documents for all Shoreline Permits shall be
submitted to the Administrator for processing and review. The application
will be reviewed for completeness and a determination of completeness
made in accordance with Chapter 20.01 PTMC.
10.10 Public Notice
Public Notice will be provided consistent with PTMC Chapter 20.01;
including section 20.01.170 Shoreline Master Program (SMP) Permits.
10.11 Multiple Permits
Requests for multiple shoreline permits required for a single project
shall be processed simultaneously.
10.12 SEPA review.
Project review conducted pursuant to the State Environmental Policy
Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with
project review set forth in this Master Program and PTMC Chapter
20.01. The SEPA review processes, including all public comment
procedures is set forth in Chapter 19.04 PTMC.
10.13 Decision Maker Approval Criteria
10.13.1 Decision Maker Review Criteria
The decision maker shall review the application and related information and
make a decision to approve, approve with condition, or deny the application
for a Substantial Development Permit, Conditional Use, or Variance. No
Permit shall be granted unless the proposed development is consistent with
the provisions of this Master Program, the Shoreline Management Act of
1971, and the rules and regulations adopted by the Department of Ecology
thereunder.
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Administration - Chapters 11
Chapter 11
Nonconforming Development
(Nonconforming Uses, Structures and
Lots)
SECTIONS:
11.1 Nonconforming Development
11.2 Nonconforming Uses
11.3 Nonconforming Structures
11.4 Nonconforming Lots
11.1 Nonconforming Development
Nonconforming development includes shoreline uses and structures which
were lawfully constructed, established, or created prior to the effective date
of the Act or the Master Program, or amendments thereto, but which do
not conform to present regulations or standards of the Master Program or
policies of the act. In such cases, the standards of this Chapter shall apply.
11.2 Nonconforming Uses
11.2.1 Nonconforming uses includes shoreline uses which were lawfully
established prior to the effective date of the Act or the Master Program,
or amendments thereto, but which do not conform to present regulations
or standards of the Master Program or policies of the act. The
continuance of a nonconforming use is subject to the following
standards:
a. Change of ownership, tenancy, or management of a
nonconforming use shall not affect its nonconforming status.
provided, that the use does not change or intensify;
b. Additional development of any property on which a
nonconforming use exists shall require that all new uses
conform to this Master Program and the Act;
c. If a nonconforming use is converted to a conforming use, no
nonconforming use may be resumed;
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Chapters 11 Administrative Procedures
d. A nonconforming use which is moved any distance must be
brought into conformance with the Master Program and the
Act; and
e. If a nonconforming use is discontinued for a period of 365 or
more consecutive calendar days, it shall lose its
nonconforming status, and the continued use of the property
shall be required to conform to the provisions of this Master
Program and the Act.
11.2.2 A use which is listed as a conditional use but which existed prior to
adoption of the Master Program for which a Conditional Use Permit has
not been obtained shall be considered a nonconforming use.
11.3 Nonconforming Structures
Nonconforming structures includes shoreline structures which were lawfully
constructed or placed prior to the effective date of the Act or the Master
Program, or amendments thereto, but which do not conform to present
bulk, height, dimensional, setback, or density requirements.
Nonconforming structures may continue even though the structures fail to
conform to the present requirements of the environmental district in which
they are located. A nonconforming structure may be maintained as
follows:
11.3.1 A nonconforming structure that is damaged to an extent of one-half or
more of its replacement cost immediately prior to such damage may be
restored only if made to conform to all provisions of this title. However,
any residential structures, including multifamily structures, in a
residential zoning district destroyed by a catastrophe, including fire,
may be reconstructed up to the size, placement and density that existed
prior to the catastrophe. Structural repair shall be complete within two
years after the catastrophe unless the Shoreline Administrator grants an
extension for just cause.
11.3.2 Necessary repairs and alterations that do not increase the degree of non-
conformity may be made to nonconforming residential structures,
including multifamily structures, located in residential zoning districts.
11.3.3 A nonconforming building or structure may be repaired and maintained
as provided in and as limited by this section. The maintenance of such
building or structure shall include only necessary repairs and incidental
alterations, which alterations, however, shall not extend the
nonconformity of such building or structure; provided, that necessary
alterations may be made as required by other law or ordinance.
11.3.4 Changes to interior partitions or other nonstructural improvements and
repairs may be made to a nonconforming commercial, mixed use, and
marine-related or manufacturing structures; provided, that the cost of
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Chapters 11 Administrative Procedures
the desired improvement or repair does not exceed one-half of the
replacement cost of the nonconforming structure over any consecutive
five-year period.
11.3.5 The Shoreline Administrator shall determine the replacement cost of a
structure.
11.3.6 A building or structure, nonconforming as to the bulk, dimensional and
density requirements of this title, may be added to or enlarged if such
addition or enlargement conforms to the regulations of the district in
which it is located. In such case, such addition or enlargement shall be
treated as a separate building or structure in determining conformity to
all of the requirements of this title.
11.3.7 A structure for which a variance has been issued shall be considered a
legal nonconforming structure and the requirements of this section shall
apply as they apply to preexisting nonconformities.
11.4 Nonconforming Lots
Undeveloped lots, tracts, parcels, or sites located landward of the ordinary
high water mark that were established prior to the effective date of the Act
and the Master Program, but that do not conform to the present lot size or
density standards are considered nonconforming lots of record and are
legally buildable subject to the following conditions:
11.4.1 Consolidation Clause Where two or more contiguous lots of record are
under one ownership and one or more of the lots is nonconforming, they
are considered to be consolidated and may not be sold or otherwise
separated so as to create any resulting nonconforming lots.
11.4.2 Exemptions The following shall be exempt from the nonconforming
lot consolidation requirements set forth in section 11.4.1:
a. Any transfer, sale or conveyance of a nonconforming lot or
lots for the purpose of acquisition of property to preserve
environmentally sensitive areas;
b. Any transfer, sale or conveyance of a nonconforming lot or
lots to the City of Port Townsend;
c. Any transaction for the sale or conveyance of a
nonconforming lot or lots where the parties executed a real
estate purchase and sale agreement, real estate contract or
other legally valid transaction document on or before April 11,
1997;
d. Any transfer, sale or conveyance of a fully developed
nonconforming lot that is contiguous with another fully
developed lot under the same ownership, conforming or
nonconforming; provided, that both lots were fully developed
prior to April 11, 1997; and provided further, that before any
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Chapters 11 Administrative Procedures
such transfer, sale or conveyance, the improvements serving
both lots must be found to be consistent with the City’s
engineering design standards, as those standards may be
amended; and
e. Any transfer, sale or conveyance of a nonconforming lot that
is contiguous with another lot under the same ownership,
conforming or nonconforming, that was ever held as a
separate lot in separate ownership prior to April 11, 1997;
provided, that before any such transfer, sale or conveyance,
the improvements serving both lots must be found to be
consistent with the City’s engineering design standards, as
those standards may be amended.
11.4.3 All new structures or additions to structures on any nonconforming lot
must meet all setback, height and other construction requirements of the
Master Program, the Act, and must also comply with all applicable
engineering design standards.
11.4.4 A lot line adjustment or restrictive covenant approved by the City shall
be required prior to issuance of a building permit when a
nonconforming lot or lots and a conforming lot are contiguous and
owned by the same person(s)/entity.
11.4.5 Notwithstanding this section, for any lots created by platting prior to
1937 (the effective date of the State Subdivision Act, RCW 58.17), the
City may require compliance with RCW 58.17 and Title 18 Land
Divisions prior to issuing building permits for the development of lots in
common ownership. The applicant shall comply with the requirements
of Chapter 18.18 PTMC, Subdivision and Recognition of Lots of
Record.
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Chapters 12 Administrative Procedures
Chapter 12
Enforcement and Penalties
SECTIONS:
12.1 Enforcement
12.2 Penalties
12.3 Violations – Subsequent Development and Building Permits.
12.4 Public and Private Redress
12.5 Delinquent Permit Penalty
12.6 Permit fee
12.1 Enforcement
12.1.1 The provisions of Chapter 20.10 PTMC Land Use Administration and
Enforcement shall apply to this chapter in addition to the enforcement
provisions of RCW 58.17 and WAC 173-27-240 through 173-27-310.
12.1.2 The Shoreline Administrator and/or a designated representative shall
enforce all provisions of the Master Program. The Shoreline
Management Act calls for a cooperative enforcement program between
local and state government. It provides for both civil and criminal
penalties, orders to cease and desist, orders to take corrective action and
permit rescission. The choice of enforcement action and the severity of
any penalty should be based on the nature of the violation and the
damage or risk to the public or to public resources. The existence or
degree of bad faith of the persons subject to the enforcement action, the
benefits that accrue to the violator, and the cost of obtaining compliance
may also be considered.
12.2 Penalties
Any person found to have willfully engaged in activities on the City's
shorelines in violation of the Shoreline Management Act of 1971 or in
violation of the City's Master Program, rules or regulations adopted
pursuant thereto shall be subject to the penalty provisions of PTMC
20.10.070 (Civil penalties - Schedules) and 20.10.060 (Criminal penalty).
12.3 Violations – Subsequent Development and Building Permits
No building permit or other development permit shall be issued for any
parcel of land developed or divided in violation of this Master Program.
All purchasers or transferees of property shall comply with provisions of
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Chapters 12 Administrative Procedures
the Act and this Master Program and each purchaser or transferee may
recover damages from any person, firm, corporation, or agent selling,
transferring, or leasing land in violation of the Act or this Master Program
including any amount reasonably spent as a result of inability to obtain
any development permit and spent to conform to the requirements of the
Act or this Master Program as well as costs of investigation, suit, and
reasonable attorney's fees occasioned thereby. Such purchaser, transferee,
or lessor, as an alternative to conforming their property to these
requirements, may rescind the sale, transfer, or lease and recover costs of
investigation, litigation and reasonable attorney's fees occasioned thereby
from the violator.
12.4 Public and Private Redress
12.4.1 Any person subject to the regulatory program of the Master Program
who violates any provision of the Master Program or the provisions of a
Permit issued pursuant thereto shall be liable for all damages to public
or private property arising from such violation, including the cost of
restoring the affected area to its condition prior to such violation.
12.4.2 The City attorney may bring suit for damages under this section on
behalf of the City. Nothing in this section precludes private persons
from bringing suit for damages on their own behalf.. If liability has been
established for the cost of restoring an area affected by violation, the
court shall make provisions to assure that restoration will be
accomplished within a reasonable time at the expense of the violator. In
addition to such relief, including monetary damages, the court, in its
discretion, may award attorneys' fees and costs of the suit to the
prevailing party.
12.5 Fees for Permits Obtained After Development
12.5.1 Triple fees for permits obtained after development. Permits obtained
following, rather than prior to, the establishment of a development or
use shall be three (3) times the normal amount. This provision is in
addition to the enforcement measures contained in this chapter and in
PTMC Chapter 20.10.
12.5.2 Delinquent Permit penalties shall be paid in full prior to resuming the
use or activity.
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Administration - Chapter13
Chapter 13
Master Program – Review, Amendments
and Adoption
SECTIONS:
13.1 Master Program Review
13.2 Amendments to Master Program
13.3 Severability
13.4 Effective Date
13.1 Master Program Review
This Master Program shall be periodically reviewed and adjustments shall be
made as are necessary to reflect changing local circumstances, new information or
improved data, and changes in State statutes and regulations. This review process
shall be consistent with WAC 173-26 requirements and shall include a local
citizen involvement effort and public hearing to obtain the views and comments
of the public.
13.2 Amendments to Master Program
13.2.1 Any of the provisions of this Master Program may be amended as provided for
in RCW 90.58.120 and .200 and Chapter 173-26 WAC. Amendments or
revision to the Master Program, as provided by law, do not become effective
until approved by the Washington State Department of Ecology.
13.2.2 Proposals for shoreline environment redesignation (i.e., amendments to the
shoreline maps and descriptions), must demonstrate consistency with the
criteria set forth in WAC 173-22-040 .
13.3 Severability
If any provisions of this Master Program, or its application to any person or legal
entity or parcel of land or circumstances is held invalid, the remainder of the
Master Program, or the application of the provisions to other persons or legal
entities or parcels of land or circumstances, shall not be affected.
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Administration - Chapter13
13.4 Effective Date
This Master Program shall take effect on February 14, 2007 and shall apply to
new applications submitted on or after that date and to incomplete applications
submitted prior to that date.
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Shoreline Restoration, Chapter 14 Page 1
Chapter 14
Shoreline Restoration
SECTIONS:
14.1 Restoration Introduction
14.2 Restoration Planning Requirements
14.3 What is Restoration?
14.4 Restoration Approach
14.5 Restoration Vision Statement
14.6 Restoration Goals, Priorities and Objectives
14.7 Restoration Opportunities
14.8 Existing and Ongoing Programs
14.9 Strategies
14.10 Project Evaluation
14.11 Monitoring and Adaptive Management
14.12 Uncertainty
14.13 Potential Funding Sources
14.14 Restoration Glossary
14.15 Resource Links and References
14.1 Restoration Introduction
This restoration plan has been prepared in accordance with the Washington State
Department of Ecology shoreline management guidelines. The guidelines direct
local government review and updates of shoreline master programs. A significant
feature of the guidelines is the requirement that local governments include within
their shoreline master program, a “real and meaningful” strategy to address
restoration of shorelines. WAC 173-26-186(8). The state guidelines emphasize
that any development must achieve no net loss of ecological functions. The
guidelines go on to require a goal of using restoration to improve the overall
condition of habitat and resources and makes "planning for and fostering
restoration" an obligation of local government. From WAC 173-26-201(2)(c):
Master programs shall also include policies that promote restoration of ecological
functions, as provided in WAC 173-26-201 (2)(f), where such functions are
found to have been impaired based on analysis described in WAC 173-26-201
(3)(d)(i). It is intended that local government, through the master program, along
with other regulatory and non-regulatory programs, contribute to restoration by
planning for and fostering restoration and that such restoration occur through a
combination of public and private programs and actions. Local government
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Shoreline Restoration, Chapter 14 Page 2
should identify restoration opportunities through the shoreline inventory process
and authorize, coordinate and facilitate appropriate publicly and privately
initiated restoration projects within their master programs. The goal of this
effort is master programs which include planning elements that, when
implemented, serve to improve the overall condition of habitat and
resources within the shoreline area of each city and county.
[emphasis added]
WAC 173-26-2012(f) states further that “…master programs provisions should be
designed to achieve overall improvements in shoreline ecological functions over
time when compared to the status upon adoption of the master program.” For
guidance on preparation of a Restoration Plan, the city looked to WAC 173-26-
186, WAC 173-26-201(2)(c) and (f) and Restoration Planning and the 2003
Shoreline Management Guidelines, A Department of Ecology Report, as well as
Systematic Approach to Coastal Ecosystem Restoration, developed by NOAA
(Diefenderfer 2003) in addition to other resources listed at the end of this chapter.
Restoration planning should be focused on tools such as economic incentives,
broad funding sources such as Salmon Restoration Funding, volunteer programs,
and other strategies. WAC 173-26-186(8)(c) and WAC 173-26-201(2)(f)
(explaining the “basic concept” of restoration planning). Furthermore, because
restoration planning must reflect the individual conditions of a shoreline,
restoration planning provisions contained in the guidelines expressly note that a
restoration plan will vary based on:
o Size of jurisdiction
o Extent and condition of shorelines
o Availability of grants, volunteer programs, other tools
o The nature of the ecological functions to be addressed
14.2 Restoration Planning Requirements
The Department of Ecology’s shoreline management guidelines WAC 173-26-
201(2)(f) state that master program restoration plans shall consider and address the
following subjects:
(i) Identify degraded areas, impaired ecological functions, and sites with potential
for restoration;
(ii) Establish overall goals and priorities for restoration of degraded areas and
impaired ecological functions;
(iii) Identify existing and ongoing projects and programs that are currently being
implemented, or are reasonably assured of being implemented (based on an
evaluation of funding likely in the foreseeable future), which are designed to
contribute to local restoration goals;
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Shoreline Restoration, Chapter 14 Page 3
(iv) Identify additional projects and programs needed to achieve local restoration
goals, and implementation strategies including identifying prospective funding
sources for those projects and programs;
(v) Identify timelines and benchmarks for implementing restoration projects and
programs and achieving local restoration goals; and
(vi) Provide for mechanisms or strategies to ensure that restoration projects and
programs will be implemented according to plans and to appropriately review the
effectiveness of the projects and programs in meeting the overall restoration
goals.
These requirements are intended to provide the framework to restore impacted,
altered or missing ecological functions resulting from past development of the
shoreline. The restoration planning is not intended to directly mitigate past or
future development impacts on the City’s shorelines. Restoration is intended to
improve the overall environmental conditions unrelated to upcoming projects
developing in the shoreline environment. Nonetheless, restoration projects may
leverage opportunities that result from development and restoration planning
needs be aware of projects and programs so as to not duplicate efforts or
potentially waste valuable resources.
14.3 What is Restoration?
The term restoration has a number of definitions, all of which share similar ideas.
They often refer to the return of an area to a previous condition by improving the
biological structure and function (Diefenderfer 2003). Examples of definitions of
restoration put forth by various authors and agencies include bringing back a
former, normal, or unimpaired state; a return to a previously existing natural
condition; reestablishing vegetation; and returning a damaged ecosystem to its
pre-disturbed state. The DOE shoreline master program guidelines state that:
“Restore,” “Restoration,” or “ecological restoration” means the
reestablishment or upgrading of impaired ecological shoreline processes or
functions. This may be accomplished through measures including but not
limited to revegetation, removal of intrusive shoreline structures and
removal or treatment of toxic materials. Restoration does not imply a
requirement for returning the shoreline area to aboriginal or pre-European
settlement conditions.
The Society of Wetland Scientists (2000) defines wetland restoration, which is similar
to shoreline restoration, as actions taken in a converted or degraded natural wetland
that result in the reestablishment of ecological processes, functions, and biotic/abiotic
linkages and lead to a persistent, resilient system integrated within its landscape. In
an effort to be clear and consistent in the discussion of restoration, five key elements
of the concept of restoration are adapted from the Society:
1. Restoration is the reinstatement of driving ecological processes.
2. Restoration should be integrated with the surrounding landscape.
3. The goal of restoration is a persistent, resilient system.
4. Restoration should generally result in the historic type of environment but
may not always result in the historic biological community and structure.
5. Restoration planning should include the development of structural and
functional objectives and performance standards for measuring
achievement of the objectives.
In this SMP, restoration is used broadly to include conservation and enhancement
actions. Conservation is different from restoration as described above in that it
protects areas relatively free of degradation. Enhancement, which improves
shoreline functions, but may not result in restoration of underlying process, may
be more viable than restoration in some instances.
14.4 Restoration Approach
A systematic approach to restoration planning, implementation, and monitoring
increases the accessibility of the plan and increases the long-term usability of the
restoration framework. The five components of a systematic approach to a
restoration project are planning, implementation, performance assessment,
adaptive management, and dissemination of results. (Diefenderfer 2003).
Figure 1, above - Five Components of a Coastal Restoration Project. (Diefenderfer 2003).
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Shoreline Restoration, Chapter 14 Page 5
NOAA’s Systematic Approach to Coastal Ecosystem Restoration is a usable
guidance tool for each of these five components and states: “The planning process
starts with a vision, a description of the ecosystem and landscape, and goals. A
conceptual model and planning objectives are developed, a site is selected, and
numerical models contribute to preliminary designs as needed. Performance
criteria and reference sites are selected and the monitoring program is designed.
Cost analysis involves budgeting, scheduling, and financing. Finally,
documentation is peer reviewed prior to making construction plans and final
costing.” (Diefenderfer 2003)
This restoration plan should be considered within this overall framework. The
restoration chapter is designed to meet the requirements for restoration planning
outlined in the DOE guidelines, in which restoration planning is an integrated
component of shoreline master programs that include inventorying shoreline
conditions and regulation of shoreline development. The restoration plan builds
on the Port Townsend Shoreline Inventory and the Characterization Report
(GeoEngineers 2004) which provide a comprehensive inventory and analysis of
shoreline conditions in Port Townsend, including rating specific functions and
process of each shoreline segment. Tables 1 through 5 in the Characterization
Report summarize the baseline condition of ecological processes and functions.
This restoration plan provides a vision for ecological restoration, includes goals,
objectives and opportunities. It also establishes city strategies for
implementation, including recognition of existing and ongoing programs, and it
provides a framework for long-term monitoring of shoreline restoration and
shoreline conditions. While this restoration plan includes broad objectives,
specific implementation measures, budgets, schedules, and individual monitoring
programs will be needed for individual restoration projects as they occur.
To ensure that restoration goals are being achieved, it is important for the city to
evaluate the performance effectiveness of this plan and to adapt to changing
conditions. At a minimum, this restoration plan (as well as the entire Shoreline
Master Program) will be reevaluated according to the schedule adopted by the
state Legislature (the next update for Port Townsend would be in 2018 under the
current schedule). It is recommended that the city conduct reevaluation of the
success of the SMP and its restoration goals consistent with the Comprehensive
Plan update schedule. At times of reevaluation, the inventory conditions and
restoration metrics should be considered in comparison to the 2002-2005
conditions reviewed for this SMP. Updates to inventory information and the
results of reevaluation processes should be disseminated to other restoration
planning agencies to facilitate regional monitoring of environmental conditions.
Adaptive management is the process of continually improving management
policies and practices to respond to results. Shoreline planning is iterative. As
data is gathered and compared to past years’ data, one will be able to come to a
clearer understanding of environmental processes and stressors. As understanding
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Shoreline Restoration, Chapter 14 Page 6
increases, the city will have the opportunity to adjust policies, regulations and
restoration priorities to adapt to changes in conditions and information. At a
minimum, the city will be required to take corrective actions if the mandate of no
net loss of shoreline ecological resources is not being met.
The Point No Point Treaty Council (PNPTC) has been actively working on a
shoreline analysis of historical changes and their root causes of Hood Canal and
the Strait, including the habitat complexes within the Port Townsend jurisdiction.
Though the document is not complete, it will be in the near future and may add a
new layer of analysis and recommendations for shoreline restoration. Future
restoration projects and planning should consider the context provided by the
PNPTC effort and other environmental studies that might be completed in the
future.
14.5 Restoration Vision Statement
The vision statement establishes the overarching idea of the future restored
ecosystem and provides a basis for the framework, including the restoration goals
and objectives. The Characterization Report identifies impaired ecological
processes and functions. Tables 1 through 5 of the Characterization Report
summarize nineteen processes and functions for five shoreline segments (i.e.
19x5=95 rankings). Of the 95 opportunities, only six were found to be properly
functioning in GeoEngineers’ assessment. The remaining were “not properly
functioning” or “at risk.” The implications are clear: with the vast majority of
processes and functions on Port Townsend shorelines impaired based on the
analysis, policies that “promote restoration” of these ecological functions must be
included in the master program. This vision statement seeks to make clear the
intent of addressing ecological restoration.
Restoration Vision: Degraded ecological processes and habitats of the
Port Townsend shoreline are restored so that, when combined with
protection of existing resources, a net improvement to the shoreline
ecosystem is obtained to benefit native fish and wildlife and the people of
Port Townsend. Restoration occurs over time through a combination of
public and private ventures and leverages opportunities presented by
shoreline development in a way that enhances the environment and is
compatible with planned shoreline uses.
14.6 Restoration Goals, Priorities and Objectives
The goals and objectives included here are developed for the Port Townsend
shoreline and are consistent with the basin wide general recommendations related
to nearshore habitats in the Watershed Management Plan for the Quilcene-Snow
Water Resource Inventory Area 17 (October 28, 2003), which includes Port
Townsend. Overarching goals for restoring the Port Townsend shoreline are to:
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Shoreline Restoration, Chapter 14 Page 7
improve water quality, restore degraded and lost habitat and corridors, and
improve connectivity of the shoreline environments in terms of both space and
time.
These goals identify the direction of needed improvement. Objectives identify
specific actions, ideally measurable, that can be taken to achieve the stated goals.
For example, to meet the goal of improving water quality, an objective would be
to remove creosote pilings. By translating the restoration goals into objectives,
the objectives for Port Townsend restoration are:
a. Protect naturally eroding bluffs
b. Protect and restore native vegetation
c. Protect and restore wetlands and restore salt marsh habitat
d. Remove intertidal fill/restore beach deposits and processes
e. Manage and treat stormwater and wastewater properly
f. Remove/replace unused creosote pilings
These objectives assist with defining actions or projects to restore the natural
processes and ecological functions identified in the Characterization Report as not
properly functioning.
Opportunities and strategies are then identified as means of implementing the
objectives. At this level, no measurable performance standards are applied to
goals. For example, the overall goal is to improve water quality to meet the
vision of a restored ecosystem, not to improve it by "X" amount. Individual
restoration projects that may be implemented as part of this plan are expected to
include specific measurable goals.
In accordance with the state guidelines, it is also valuable to establish general
priorities. Controlling environmental factors (such as hydrology, sediment type,
etc.) provide the foundation for habitat structures (i.e., species and their
abundance), and the structure supports habitat functions (i.e., production, food
support, rearing, etc.). (Thom. 2003) That is, restoration of habitat functions may
be ineffective if habitat structures and controlling factors are not also restored.
While Thom states, “There is no universally accepted method for setting priorities
for nearshore sites for restoration or for determining what strategies are best
applied to each site. We have found that restoration of controlling factors is the
key to successful and long-term restoration.” general priorities for shoreline
management could follow mitigation sequencing. That is, conservation and
preservation should be the highest priority, followed by avoidance, followed by
restoration, then enhancement and monitoring. Overall priority should be given
to protection and restoration of natural processes that are needed to support
ecosystem and habitat functions.
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Shoreline Restoration, Chapter 14 Page 8
Thorough scientific evaluation and prioritization of all restoration opportunities
was not feasible for this SMP. However, Port Townsend can work with the
ecologist at the Hood Canal Coordinating Council and other regional scientists to
help identify restoration of the greatest importance according to scientific criteria.
Ultimately, priorities will be opportunistic based on site access, available funding,
and feasibility. In section 14.10 of this chapter, project evaluation is provided to
aid in evaluating projects. Of the restoration opportunities listed, stormwater
system improvements to address untreated stormwater outfalls may be the most
readily feasible for the City due to public control of the system and the need to
also address clean water planning requirements to meet EPA standards.
Table 14.6-1 shows the relationship of the goals, objectives, natural processes and
ecological functions. The first column shows the goals, the second column shows
the objectives associated with those goals and the third column shows the natural
process and ecological function that will be enhanced by completing the
objectives. Objectives are found under multiple goals affecting different natural
processes and ecological functions. Potential metrics for monitoring each
objective are listed in the right hand column. Opportunities for implementation
are listed in Table 14.7-1 in the next section.
Table 14.6-1: Restoration Goals and Objectives
Natural Process
Restoration Goal Objective
Ecological Function
Potential Metrics
Sediment Transport Remove/replace unused
creosote pilings; remove
creosote beach logs
Toxic Compound
Removal
Support Vegetation
# creosote pilings
water quality
measurements
Hydrologic Processes
Sediment Transport
Nutrients Protect and restore wetlands
and salt marsh habitat Water Storage
Sediment Storage
Toxic Compound
Removal
Nutrient Removal
wetland acreage
wetland functions
wetland ratings
water quality
measurements
Improve water quality
Manage and treat stormwater
Hydrologic Processes
Sediment Transport
Nutrients
water quality
measurements
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Table 14.6-1: Restoration Goals and Objectives
Natural Process
Restoration Goal Objective
Ecological Function
Potential Metrics
and wastewater properly Water Storage
Sediment Storage
Toxic Compound
Removal
Nutrient Removal
storm flows
Hydrologic Processes
Nutrients
Protect and restore native
vegetation
Water Storage
Sediment Storage
Nutrient Removal
Toxic Compound
Removal
% impervious surface
in basin
acreage of vegetation
water quality
measurements
Sediment Transport
Remove intertidal fill Water Storage
Sediment Storage
Nutrient Removal
acreage or number of
restored/remaining
impaired areas
Sediment Transport
Vegetation
Nutrients
Habitat
Protect and restore native
vegetation
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Production
Food Delivery
acreage of vegetation
degree of diversity
species supported
connectivity/areas of
isolation
extent of tree canopy
Restore degraded
and lost habitat and
corridors
Protect and restore wetlands
salt marsh habitat, and
estuarine and lagoon
Hydrologic Processes
Sediment Transport
Vegetation
Nutrients
Habitat
wetland acreage
wetland functions
wetland ratings
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Table 14.6-1: Restoration Goals and Objectives
Natural Process
Restoration Goal Objective
Ecological Function
Potential Metrics
functions Support Vegetation
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Production
Food Delivery
Sediment Transport
Vegetation
Habitat
Protect naturally eroding
bluffs, sand spits and
accretion land forms
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Beach Habitat
Predation Avoidance
Habitat
Migration Corridors
acreage of vegetation
in bluff areas
linear feet of
bulkhead
Sediment Transport
Vegetation
Nutrients
Habitat
Remove intertidal fill/restore
beach deposits and processes
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Production
Food Delivery
acreage or number of
restored/remaining
impaired areas
linear feet of
bulkhead
Restore degraded and
lost habitat and
corridors (cont’d)
Manage and treat stormwater
Hydrologic Processes
Sediment Transport
Nutrients
water quality
measurements
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Table 14.6-1: Restoration Goals and Objectives
Natural Process
Restoration Goal Objective
Ecological Function
Potential Metrics
and wastewater properly Water Storage
Sediment Storage
Toxic Compound
Removal
Nutrient Removal
storm flows
Hydrologic Processes
Sediment Transport
Vegetation
Nutrients
Habitat
Protect and restore native
vegetation
Woody Debris
Recruitment
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Delivery
acreage of vegetation
connectivity/areas of
isolation
extent of tree canopy
linear feet of
bulkhead
Hydrologic Processes
Sediment Transport
Vegetation
Nutrients
Habitat
Improve connectivity
of the shoreline
environments in terms
of both space and time
Protect and restore wetlands,
salt marsh habitat and
estuarine and lagoon
functions
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Production
Food Delivery
wetland acreage
wetland functions
wetland ratings
connectivity/areas of
isolation
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Table 14.6-1: Restoration Goals and Objectives
Natural Process
Restoration Goal Objective
Ecological Function
Potential Metrics
Sediment Transport
Vegetation
Nutrients
Habitat
Remove intertidal fill/ restore
beach deposits and processes
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Rearing Habitat
Resting Habitat
Predation Avoidance
Habitat
Migration Corridors
Food Production
Food Delivery
acreage of
restored/remaining
impaired areas
shoreline
connectivity/areas of
interruption
Sediment Transport
Vegetation
Habitat
Protect naturally eroding
bluffs, sand spits and
accretion land forms
Support Vegetation
Woody Debris
Recruitment
Organic Material
Availability
Beach Habitat
Predation Avoidance
Habitat
Migration Corridors
acreage of vegetation
in bluff areas
linear feet of
bulkhead
14.7 Restoration Opportunities
Table 14.7-1 lists specific opportunities for each shoreline segment that have been
identified in the Inventory, Characterization Report, and through other shoreline
planning processes. These are opportunities for restoration that correspond to the
state restoration goals and objectives. Opportunities listed by shoreline segment
are in the left hand column. The second column lists the related restoration
objective. Identified restoration activities and monitoring activities, where
known, are listed in the two right hand columns.
This is an extensive list that likely exceeds near term funding opportunities, and
yet, is not exhaustive. Additional restoration opportunities may continue to be
identified through local and regional shoreline monitoring and planning actions.
Further discussion of ongoing programs, implementation strategies, and project
evaluation to determine appropriate priority and selection is provided in the
sections following the table. As such, Table 14.7-1 is based on a point of time and
it is expected that actual restoration opportunities and priorities will evolve over
time as restoration projects are completed and new information becomes
available. The City may periodically identify additional restoration opportunities
that are consistent with the objectives of this restoration chapter.
Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Southern Shoreline
Treat stormwater
entering Port
Townsend Bay
from developed
areas
High Manage and treat
stormwater and
wastewater
properly
Ongoing
implementation of
the Stormwater
Management
Manual for Puget
Sound
Stormwater system
improvements as
street
improvements are
constructed
Water quality
monitoring in
bay
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Investigate/Study
Options for best
ecosystem benefits
of restoring
wetlands adjacent
to Larry Scott
Memorial Trail
with Port
Townsend Bay
Medium Protect and/or
restore wetlands
and salt marsh
habitat
No ongoing activity
identified
City and NWI
GIS mapping
Remove pilings at
Indian Point
Low Remove unused
creosote pilings
No ongoing activity
identified
No ongoing
monitoring
identified
Remove or replace
creosote piles
whenever possible
to eliminate
bioaccumulation
of contaminates in
marine ecosystem,
including old ferry
dock pilings
Low-High
(dependin
g on
circum-
stances:
presence
of
creosote,
impact on
littoral
drift)
Remove unused
creosote pilings
No ongoing activity
identified
No ongoing
monitoring
identified
Remove riprap on
either side of
Union Wharf to
provide pocket
beaches
Low Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
No ongoing
monitoring
identified
Nourishment of
pocket beaches
Low Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
No ongoing
monitoring
identified
Remove concrete
at John Pope
Marine Park
Medium Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
Remove or
reconfigure Tidal
Clock (Jackson
Bequest sculpture)
to allow tidal
movement
Low Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
No ongoing
monitoring
identified
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Provide fixed
anchor buoys to
avoid transient
boat anchorage
damage to eelgrass
High Protect and/or
restore nearshore
habitat and
corridors
Jefferson County
Marine Resources
Committee (MRC)
pilot project
No ongoing
monitoring
identified
Restore eel grass
beds where
possible
High Protect and/or
restore nearshore
habitat and
corridors
NWMC eelgrass
restoration project
Long-term
monitoring is
associated
with the
specific
project
Fill dredged area
seaward of Port
Townsend Plaza to
facilitate
colonization of
eelgrass
High Protect and/or
restore nearshore
habitat and
corridors
No ongoing activity
identified
No ongoing
monitoring
identified
Remove or restore
derelict and
unused structures
such as the old
Quincy Street
ferry dock and the
Wave Gallery
High Protect and/or
restore nearshore
habitat and
corridors
No ongoing activity
identified
No ongoing
monitoring
identified
Remove/reduce
impact of artificial
night-lighting
effects to intertidal
habitat
Low Protect and/or
restore nearshore
habitat and
corridors
No ongoing activity
identified
No ongoing
monitoring
identified
Restore native
marine riparian
vegetation where
possible
Medium to
High
Protect and/or
restore nearshore
habitat and
corridors
No ongoing activity
identified
2005 aerial
photograph
Remove
remaining train
trestle
High Remove unused
creosote pilings
and improve
littoral drift
No ongoing activity
identified
No ongoing
monitoring
identified
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Restore vegetation
at Point Hudson
and relocate RV
parking area away
from point
High Protect and restore
native vegetation
see Port of Port
Townsend
Comprehensive
Scheme for planned
improvements to
Point Hudson
Port of Port
Townsend
Comprehensi
ve Scheme
and EIS
provides
environmental
information
about Point
Hudson and
proposed
improvements
Eastern Shoreline
Remove pilings at
Fort Worden near
lighthouse
Low Remove unused
creosote pilings
No ongoing activity
identified
No ongoing
monitoring
identified
Use beach
nourishment to
replace eroded
sediments, if
possible
Low Removal intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
No ongoing
monitoring
identified
Move lighthouse
and remove
related pavement,
structures, riprap,
gabions, and
ecoblocks
High Remove intertidal
fill/restore beach
deposits and
processes, sand
spits and accretion
land forms
Ongoing
discussions with
Coast Guard and
State Park
No ongoing
monitoring
identified
Consider opening
southern end of
the State Park
marina breakwater
High Protect and/or
restore nearshore
habitat and
corridors; improve
littoral drift,
allow juvenile
salmon passage
along the shallow
nearshore habitats
of the boat basin
area
No ongoing activity
identified
No ongoing
monitoring
identified
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Feed more
sediments to the
beach on the east
side of the marina
High Protect and/or
restore nearshore
habitat and
corridors;
documented forage
fish spawning
beach
No ongoing activity
identified
No ongoing
monitoring
identified
Treat, store, and
redirect
stormwater run-off
that runs through
Chetzamoka Park
High if
chlorine or
stormwate
r
contamina
nts present
Treat stormwater
properly
Ongoing
implementation of
the Stormwater
Management
Manual for Puget
Sound
Stormwater system
improvements as
street
improvements are
constructed
No ongoing
monitoring
identified
Removal of riprap
along Chetzamoka
Park
Medium Protect naturally
eroding bluffs
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
Protection or
acquisition of
Jefferson County
Tree Project
Property near
Chetzamoka Park
Medium Protect naturally
eroding bluffs
No ongoing activity
identified
No ongoing
monitoring
identified
Remove bulkhead
Medium Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
Provide education
incentives to
encourage tree
planting and
retention
Medium Protect naturally
eroding bluffs
No ongoing activity
identified
2005 aerial
photograph
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Restore native
marine riparian
vegetation where
possible
Medium to
High
depending
upon
location
Protect and/or
restore nearshore
habitat and
corridors
Protect and restore
native vegetation
No ongoing activity
identified
2005 aerial
photograph
Northern Shoreline
Remove pilings at
Fort Worden near
lighthouse
Low Remove unused
creosote pilings
No ongoing activity
identified
No ongoing
monitoring
identified
Remove riprap on
northern shore of
Fort Worden
High Remove intertidal
fill/restore beach
deposits and
processes, sand
spits and accretion
land forms
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
Remove unused
concrete boat
ramp at North
Beach County
Park
High Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
City has GIS
mapping of
boat ramps
Remove
bulkheads
Medium Remove intertidal
fill/restore beach
deposits and
processes
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
Provide education
incentives to
encourage tree
planting and
retention
Medium Protect naturally
eroding bluffs
No ongoing activity
identified
2005 aerial
photograph
Homeowner
education and
encourage
bulkhead removal
where possible
Medium Protect naturally
eroding bluffs
No ongoing activity
identified
City has GIS
mapping of
shoreline
armoring
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Restore native
marine riparian
vegetation where
possible
High Protect and/or
restore nearshore
habitat and
corridors
Protect and restore
native vegetation
No ongoing activity
identified
2005 aerial
photograph
Lake Shoreline - Chinese Gardens
Restore native
riparian forested
buffer
High Protect and/or
restore wetlands
and salt marsh
habitat
Protect and restore
native vegetation
No ongoing activity
identified
2005 aerial
photograph
Treat stormwater
entering Chinese
Gardens from
developed areas
High Manage and treat
stormwater and
wastewater
properly
Ongoing
implementation of
the Stormwater
Management
Manual for Puget
Sound
Stormwater system
improvements as
street
improvements are
constructed
Water quality
monitoring in
straights
Investigate/study
opportunities for
restoration
including possible
Reconnection of
wetland with Strait
of Juan de Fuca
High Protect and/or
restore wetlands
and salt marsh
habitat
No ongoing activity
identified
City and NWI
GIS mapping
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Table 14.7-1: Restoration Opportunities
Restoration
Opportunity
Priority Restoration
Objective
Restoration
Activity
Monitoring
Activities
Lake Shoreline - Kai Tai
Removal of
invasive species
High Protect and restore
native vegetation
Protect and/or
restore wetlands
and salt marsh
habitat
Ongoing Kai Tai
planning process
No ongoing
monitoring
identified
Replant shoreline
with native
vegetation
High Protect and restore
native vegetation
Protect and/or
restore wetlands
and salt marsh
habitat
Ongoing Kai Tai
planning process
2005 aerial
photograph
Restore native
riparian forested
buffer
High Protect and/or
restore wetlands
and salt marsh
habitat
Protect and restore
native vegetation
Ongoing Kai Tai
planning process
2005 aerial
photograph
Investigate/Study
opportunities for
restoration
including possible
Restoration of
tidal flow between
the lagoon and
saltwater
High Protect and/or
restore wetlands
and salt marsh
habitat
No ongoing activity
identified
City and NWI
GIS mapping
Treat stormwater
entering Kah Tai
from developed
areas
High Manage and treat
stormwater and
wastewater
properly
Ongoing
implementation of
the Stormwater
Management
Manual for Puget
Sound
Stormwater system
improvements as
street
improvements are
constructed
Water quality
monitoring in
bay
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14.8 Existing and Ongoing Programs
The following list of agencies and organizations with nearshore interests is
by no means complete. It does, however, include those agencies and
organizations that appear to have the most interest in nearshore areas and
restoration in and around the City of Port Townsend.
Hood Canal Coordinating Council (HCCC): Summer Chum Salmon
Recovery Plan
The Hood Canal Coordinating Council, a “Watershed Based Council of
Governments”, was established in 1985 under the Inter-local Cooperation Act
(RCW 39.34) and was incorporated in 2000 as a “Non-profit, Public Benefit
Corporation” (RCW 24.03.) The Council was established in response to
community concerns about water quality problems and related natural resource
issues in the watershed. The Staff to the Council are focusing their efforts on three
activities:
a. Salmon recovery planning and monitoring (primarily summer chum
salmon, Chinook salmon, and bull trout)
b. Salmon habitat projects (freshwater and marine)
c. Water quality (primarily the Hood Canal low dissolved oxygen
problem)
In 1998, the Washington State Legislature passed the Salmon Recovery Act (HB
2496, now codified along with several amendments under RCW 77.85), to
address the decline of salmon in this state. HB 2496, and subsequent legislation
(SB 5595) set up the Salmon Recovery Funding Board (SRFB), which is
responsible for implementation and oversight of the Salmon Recovery Act. The
SRFB provides funding for salmon recovery projects located throughout
Washington State. The Hood Canal Coordinating Council serves as the Lead
Entity for Hood Canal and eastern Strait of Juan de Fuca as set forth in the
Salmon Recovery Planning Act. Individuals and organizations interested in
participating in salmon recovery projects can find more information on the grant
process and pertinent programs such as the Marine Riparian Initiative as
www.hccc.wa.gov.
Jefferson County Marine Resources Committee
In 1998, passage of the Northwest Straits Marine Conservation Initiative
established the Northwest Straits Commission and seven Marine Resource
Committees, including the Jefferson County Marine Resource Committee
(Jefferson MRC). The Jefferson MRC is a citizen-based effort to identify
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Shoreline Restoration, Chapter 14 Page 21
regional marine issues, foster community understanding and involvement,
recommend positive action and develop support for various protection and
restoration measures. The Jefferson MRC works toward fulfilling the following
performance standards:
a. Broad county participation in MRCs
b. Achieve a scientifically-based, regional system of Marine Protected
Areas (MPAs)
c. A net gain in highly ecologically productive nearshore, intertidal and
estuarine habitat in the Northwest Straits, and no significant loss of
existing, high-value habitat; improve state, tribal, and local tools to
map, assess, and protect nearshore habitat and prevent harm from
upland activities
d. Net reduction in shellfish harvest areas closed due to contamination
e. Measurable increases in factors supporting recovery of bottom fish
(such as rockfish)--including numbers of fish of broodstock size and
age, average fish size, and abundance of prey species--as well as
sufficient amounts and quality of protected habitat
f. Increases in other key marine indicator species (including those
identified in the 1997 West report on Puget Sound marine resources)
g. Coordination of scientific data (for example, through the Puget Sound
Ambient Monitoring Program), including scientific baseline, common
protocols, unified GIS, and sharing of ecosystem assessments and
research
h. Coordinate with the Puget Sound Action Team and other entities on an
effective outreach and education effort with measurements of the
numbers of people contacted as well as changes in behavior.
In an attempt to reduce boating impacts to our local eelgrass, the Jefferson County
Marine Resources Committee (MRC) will began a pilot project this year to inform
boaters about the potential damage their anchors can cause, and encourage them
to drop anchor outside the eelgrass areas. The MRC is a citizen-based advisory
work group of the Board of County Commissioners that was first formed in 1999
and is tasked with pursuing eight performance benchmarks for improved marine
resources. This group has received funds from the Northwest Straits Commission
to place six to eight seasonal marker buoys just beyond the outer edge of the
eelgrass meadows in Port Townsend Bay, between Point Hudson and the
Washington State Ferry Terminal. These buoys identify the area as a voluntary
anchor-free zone with a "no anchor" symbol in order to help protect the eelgrass
meadows. The program will be explained through signs installed at appropriate
places on the shore and through distribution of brochures.
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North Olympic Salmon Coalition (NOSC)
NOSC is a non-profit community based salmon recovery organization which
provides funding, guidance, technical assistance, and ongoing support for salmon
habitat restoration and enhancement. NOSC is one of the 14 Regional Fisheries
Enhancement Groups throughout the state of Washington. The region includes
the watersheds along the coast of the Strait of Juan de Fuca, from the Hood Canal
Bridge west to Neah Bay. NOSC works cooperatively with the Washington Dept
of Fish and Wildlife, Conservation Districts, Tribal Fisheries, schools, community
organizations, volunteers and private landowners.
Northwest Maritime Center
The NWMC eelgrass restoration site is located in the waters of Port Townsend
Bay at 400 Water Street, Tidelands 16. Upland portions of the site can be legally
described as Block 4 and vacated Water Street, Original Townsite of Port
Townsend, City of Port Townsend, and Jefferson County, Washington. Section 1,
SW1/4, Township 30N, Range 1W. Eelgrass restoration at the NWMC dock is
proposed to occur during the summer of 2004. Roughly 4,250 shoots of eelgrass
will be planted covering approximately 4,300 square feet (400m2), essentially
connecting the two existing eelgrass beds. This effort will be done by hand and
will take three to five divers between three to five days to complete. As part of
long-term monitoring, dive surveys, mapping, and monitoring to assess the
recolonization of the beds is being conducted.
Puget Sound Action Team
The Puget Sound Action Team is a partnership that defines, coordinates and
implements Washington State’s environmental agenda for Puget Sound. This
partnership is the central coordinator for the state’s vision and collective efforts in
Puget Sound. The purpose of the Puget Sound Action Team partnership is to
protect and restore the Puget Sound and its spectacular diversity of life now and
for future generations. The legislature created the Puget Sound Action Team in
1996 as the state’s partnership for Puget Sound. A Strategic Framework guides
the Action Team partnership’s work.
The Puget Sound Council consists of representatives from a variety of important
interests from the Puget Sound region. The Puget Sound Council provides advice
and guidance to help steer the Action Team. It has representation from business,
agriculture, the shellfish industry, environmental organizations, local
governments, tribal governments, and the Washington state legislature. The
Puget Sound Council advises the Action Team on work plan priorities and tracks
the progress of state and local agencies in implementing the plans. The Council
also recommends changes to the Puget Sound Water Quality Management Plan to
address emerging issues.
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The Action Team staff provides the necessary professional and technical services
to ensure the team's success. Action Team staff help guide the implementation of
the Puget Sound Water Quality Management Plan and work with tribal and local
governments, community groups, citizens and businesses and state and federal
agencies to develop and carry out two-year work plans. The work plans outline
measurable results, as well as needed actions to improve the water quality and
habitats for fish, marine animals and other aquatic life in Puget Sound.
Puget Sound Nearshore Ecosystem Restoration Project (PSNERP)
PSNERP is a cooperative effort among government organizations, tribes,
industries, and environmental organizations to preserve and restore the health of
Puget Sound's nearshore that generally runs from the top of bluffs on the land
across the beach to the point where light penetrates the Sound’s water sufficient to
support attached marine vegetation (approximately 30 feet deep).
A General Investigation Reconnaissance Study conducted by the U.S. Army
Corps of Engineers in 2000 identified a direct link between properly functioning
(healthy) nearshore habitat and the physical condition of the shoreline. The study
identified four areas that need restoration and improvement:
1. Restoring shoreline processes to a more natural state,
2. Providing beaches with essential sand and gravel materials,
3. Removing, moving, and modifying artificial structures (bulkheads,
rip rap, etc.), and
4. Using alternative measures to protect shorelines from erosion.
The timeframe for implementing projects is longer term, with projects beginning
in 2008. By June 2006, PSNERP will produce a strategic needs assessment for
comprehensive, geo-spatially explicit, process-based restoration of Puget Sound's
nearshore ecosystem. The PSNERP Science Team is working to narrow the
uncertainty inherent in restoration, by improving our understanding of the most
critical restoration needs at various scales of analysis in Puget Sound. To do so,
PSNERP is reviewing and synthesizing a number of existing key data sets,
collecting new information and adopting the most effective theories on the link
between landscape ecology and restoration.
The current understanding of relationships between nearshore processes,
structures and functions is illustrated in a nearshore conceptual model. This
conceptual model continues to be refined as scientists test new hypotheses about
nearshore processes, structure and function. Preliminary outputs of this analysis is
informing those engaged in nearshore habitat restoration as part of their species
recovery plans through this web site and guidance to the Salmon Recovery
Funding Board. In turn, actions taken by salmon recovery lead entities may serve
to evaluate hypothesized relationships between restoration actions and effects on
Final 2-14-07
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ecosystem processes and salmon populations. It is expected that over time, the
relationship between local species-specific efforts and regional process-based
approaches will converge to the point that the restoration goals identified by
species recovery entities and those of PSNERP are one and the same for many
projects. Collaboration and sharing of resources will serve to bring about a
common endpoint as the ecological integrity of Puget Sound is improved to the
benefit of salmon, shellfish, marine birds, and other components of the ecosystem.
Puget Sound Nearshore Policy Group
Staff to the Puget Sound Action Team (PSAT) partnership has convened a
regional group to conduct a policy discussion that sets a vision for salmon
recovery in Puget Sound’s nearshore and marine environments. This vision will
lead to actions that protect and restore Puget Sound’s shorelines, marine areas and
estuaries for salmon recovery.
This high-level policy group is central to development of a nearshore chapter in
Shared Strategy’s salmon recovery plan for Puget Sound. This group is working
to establish policy direction and identify needed commitments to actions that will
protect and restore Puget Sound’s shorelines, marine areas, and estuaries for
salmon recovery. This nearshore chapter will address regional threats to the
nearshore environment and regional-scale management opportunities.
The specific objectives of the nearshore policy group are to:
1. Develop a set of regional strategies for salmon recovery in the nearshore;
2. Identify needed commitments for actions and pathways to gain those
commitments;
3. Develop prescriptions for additional activities that should occur to protect
and restore nearshore and marine ecosystems in the Puget Sound region;
and
4. Develop an overall vision of nearshore and marine contributions to salmon
recovery and integrate this vision with all other chapters of the Shared
Strategy’s recovery plan.
The nearshore policy group has technical support from PSAT staff members who
are working with regional experts and other individuals involved in developing
planning area chapters. Staff members and others are working to assess and
analyze relationships among management actions that might be needed to protect
and restore the nearshore and marine ecosystem processes and functions that will
support viable salmon populations.
Puget Sound Technical Recovery Team (TRT)
The Puget Sound Technical Recovery Team provides the overall scientific
conceptual approach for assessing salmon recovery planning. This approach
identifies the four characteristics of a population and their role in maintaining
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population viability. These characteristics are abundance, productivity, spatial
structure and diversity. TRT liaisons help watershed groups implement their
technical approach to ensure that it is consistent with the logic laid out in the
Watershed Guidance. Kurt Fresh, biologist with NOAA Fisheries, and other
scientists also support watersheds in applying the TRT guidance document to the
nearshore component of their draft habitat plans.
Shared Strategy for Puget Sound
The Shared Strategy is a collaborative effort to protect and restore salmon runs
across Puget Sound. Shared Strategy engages local citizens, tribes, technical
experts and policy makers to build a practical, cost-effective recovery plan
endorsed by the people living and working in the watersheds of Puget Sound. To
accomplish this, Shared Strategy partners have designed a work program that calls
for draft chapters of recovery plans by June 2004 and for final chapters by June
2005.
Shared Strategy staff support local watershed planning areas in developing policy
and technical approaches to recovery planning. These approaches will result in a
chapter that contains actions and commitments. Shared Strategy staff support
watersheds in obtaining the additional support necessary for them to develop their
chapter. Shared Strategy staff also work with the Action Team to support the
development of a Puget Sound-wide nearshore chapter.
Washington Dept of Fish and Wildlife, Summer Chum Salmon Conservation
Initiative: A Plan to Recover Summer Chum Salmon
The goals of the chum salmon recovery plan is to protect, restore and enhance the
productivity, production and diversity of Hood Canal summer chum salmon and
their ecosystems to provide surplus production sufficient to allow future directed
and incidental harvests of summer chum salmon. The plan focuses primarily on
harvest and hatchery issues for summer chum salmon, though it does not
document physical habitat conditions in the natal summer chum watersheds and
sub-estuaries.
WSU Shore Stewards Program / Water/Beach Watchers
WSU will be starting a Shore Stewards Program as part of the Water/Beach
Watchers in 2005. It is a one year old program piloted by WSU Island County
Beach Watchers. It provides education and best practices for shoreline
landowners, and participants receive a metal Shore Stewards sign for their
property. The WSU Regional Water Quality Team applied for grant funding to
PSAT and will be partnering with WSU and WA Sea Grant in Mason and Kitsap
counties to do a coordinated program all along Hood Canal. This has been
described as the best design for an on-going stewardship program to help improve
the low dissolved oxygen situation in the Canal.
Watershed Planning (WRIA 17)
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Watersheds often encompass broad land areas and cross various governmental
jurisdictions. The Watershed Management Act created a mechanism to focus
water-related planning on a local, watershed basis by forming the Planning Unit,
composed of various interests and governments. Included in the new
administrative body are counties, municipalities, utilities and Tribal Governments,
collectively knows as Initiating Governments. The composition of the Planning
Unit must include a wide range of water resource interests and representatives of
state, county, and tribal governments whose policies and resources may be
affected by the proposed plan. The purpose of the Planning Unit is to formulate a
plan containing recommendations on water quality and quantity management,
protection and restoration of instream flows, protection of fish habitat and
alternative strategies for managing water, to be sent to local and state
governments for adoption. The Planning Unit instituted two subgroups; the
Steering Committee, to help it move forward with administrative issues; and a
Technical Committee to sort through the details of resource data required to make
informed water management decisions. The final WRIA 17 Plan is now available
on their website.
14.9 Strategies
This section discusses programmatic measures for the City of Port Townsend
designed to foster shoreline restoration and achieve a net improvement in
shoreline ecological processes, functions, and habitats. With projected budget
and staff limitations, the City of Port Townsend does not anticipate leading most
restoration projects or programs. However, the City’s SMP represents an
important vehicle for facilitating and encouraging restoration projects and
programs that could be led by private and/or non-profit entities. The discussion of
restoration mechanisms and strategies below highlights programmatic measures
that the City could implement, as well as parallel activities that would be led by
other governmental and non-governmental organizations.
Restoration Demonstration Project
A small demonstration restoration project that included a variety of techniques
could be completed by the City as an example for others. The City could also
identify a set of good demo restoration projects (which have broad public
support), then actively solicit entities to implement one or more of them.
Additionally, the City could work with existing programs such as the HCCC
Marine Riparian Initiative to leverage funding and efforts where available to
implement smaller scale demonstration projects.
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Volunteer Coordination
Another way the city could accomplish restoration projects is by using
community volunteers. Volunteers could be recruited for project implementation
and monitoring and the city would provide equipment and expertise. The city
would also need to fund a volunteer coordinator to organize projects, solicit
various environmental groups and individual volunteers to complete the projects
and partner or coordinate with other government entities on projects.
Regional Coordination
The City should consider formally joining and taking an active role in the Hood
Canal Coordinating Council, an inter-governmental organization facilitating
freshwater and shoreline habitat restoration for salmon recovery, rather than
attempting to duplicate its activities. The city should also look for other
opportunities for involvement in regional restoration planning and
implementation.
Capital Facilities Program
The City should develop shoreline restoration as a new section of the city’s
Capital Facilities Program, even if not immediately funded, to ensure that they are
considered during the City’s budget process. Some of the opportunities listed that
may be prime candidates for immediate consideration due to interest and potential
outside support are:
• Removal, in cooperation with the County, of the relic concrete boat ramp
at North Beach Park, a County park, on the north shoreline near Chinese
Gardens. Rough cost estimate: $20,000
• Removal of remaining train trestle at the west end of the Kai Tai Trough
and near the start of the Larry Scott Trail. Rough cost estimate: $100,000
• Re-establishment of the connectivity of the marine shoreline with the
associated wetland at the west end of the Kai Tai Trough and near the start
of the Larry Scott Trail. Rough cost estimate: $250,000
Development Opportunities
When shoreline development occurs, the City should look for opportunities to
conduct restoration in addition to minimum mitigation requirements.
Development may present timing opportunities for restoration that would not
otherwise occur and may not be available in the future.
Mitigation may also allow for the “banking” for opportunities.
In certain cases, on-site mitigation opportunities are limited due to building site
constraints, limited potential ecological gains, or other site-specific factors. In
these instances, the City shoreline administrator may identify an off-site
restoration site that could be contributed in lieu of on site mitigation. .
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Development Incentives
Provide development incentives for restoration that might include the waiving of
some or all of development application fees or waiving city-required
infrastructure improvement fees. This could serve to encourage developers to try
to be more imaginative or innovative in their development designs to include
more access and preservation.
Tax Relief / Fee System
Consider a tax/fee system to directly fund shoreline restoration measures. One
possibility is to have the City work with the county to craft a preferential tax
incentive through the Public Benefit Rating System administered by the County
under the Open Space Taxation Act (RCW 84.34) to encourage private
landowners to preserve natural shore-zone features for "open space" tax relief.
DOE has published a technical guidance document for local governments who
wish to use this tool to improve landowner stewardship of natural resources. More
information about this program can be found at http://www.ecy.wa.gov/biblio/
99108.html. The guidance in this report provides "technically based property
selection criteria designed to augment existing open space efforts with protection
of key natural resource features which directly benefit the watershed.
Communities can choose to use any portion, or all, of these criteria when tailoring
a Public Benefit Rating System to address the specific watershed issues they are
facing."
Another possibility is a Shoreline Restoration Fund. A chief limitation to
implementing restoration is local funding, which is often required as a match for
state and federal grant sources. To foster ecological restoration of the City’s
shorelines, the City could establish an account that may serve as a source of local
match monies for non-profit organizations implementing restoration of the City’s
shorelines. This fund could be administered by the City shoreline administrator
and would be supported by a levy on new shoreline development proportional to
the size or cost of the new development project. Monies drawn from the fund
would be used as a local match for restoration grant funds, such as the Salmon
Recovery Funding Board (SRFB), Aquatic Lands Enhancement Account (ALEA),
or another source.
Shore Stewards Education
Shore Stewards are shoreline property owners and residents of waterfront
communities with shared beach access who voluntarily follow 10 wildlife-
friendly guidelines in caring for their beaches, bluffs, gardens and homes. These
guidelines help them create and preserve a healthy shoreline environment for fish,
wildlife, birds and people. This program was created to help shoreline residents
feel more connected to the nearshore ecosystem because it is found that when
people understand the natural processes at work on their beaches, they may play a
more active, positive role in the preservation of healthy, fish-friendly wildlife
habitats.
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Shoreline Restoration, Chapter 14 Page 29
The 10 guidelines for shoreline living are:
1. Use water wisely
2. Maintain your septic system
3. Limit pesticide and fertilizer usage
4. Manage upland water runoff
5. Encourage native plants and trees
6. Know permit procedures for shoreline development
7. Develop on bluffs with care
8. Minimize bulkheads, docks and other structures
9. Respect intertidal life
10. Preserve eelgrass beds and forage fish spawning habitat
Shore Stewards was created in 2002 with grant funding by the Island County
Marine Resources Committee. The pilot program was launched on Camano Island
by a dedicated group of Washington State University (WSU) Beach Watchers,
who wrote the resource-packed Shore Stewards Guide. Shore Stewards is now
expanding to other counties of Puget Sound.
Stewardship Certification Process
The Shore Stewards program sets up guidelines for shoreline residents to preserve
and enhance the shoreline environment. With a verification component, Shore
Stewards could provide certification and tracking. This could be implemented as
a Shoreline Tax Incentives when someone participates in the WDFW backyard
sanctuary program. Since the City recognizes that there are important
opportunities to improve shoreline ecological conditions and functions through
non-regulatory, volunteer actions by shoreline residents and property owners it
might examine the potential for property tax breaks for shoreline property owners
who are actively manage their property for habitat protection or enhancement. To
encourage volunteer actions that better shoreline ecological functions and values,
shoreline property owners actively participating in the WDFW backyard
sanctuary program or some similar program could receive, for example, a 5%
credit on their City property taxes.
Resource Directory
Develop a resource list for property owners that want to be involved in
restoration. Examples of grant programs that could be included are:
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Shoreline Restoration, Chapter 14 Page 30
Landowner Incentive Program (LIP) – This is a competitive grant process
to provide financial assistance to private individual landowners for the
protection, enhancement, or restoration of habitat to benefit species-at-risk on
privately owned lands. Check the LIP website for information about the next
application cycle.
Salmon Recovery Funding Board (SRFB) Grant Programs – SRFB
administers two grant programs for protection and/or restoration of salmon
habitat. Eligible applicants can include municipal subdivisions (cities, towns,
and counties, or port, conservation districts, utility, park and recreation, and
school districts), Tribal governments, state agencies, nonprofit organizations,
and private landowners. All projects require participation in the lead entity
process. In the Port Townsend area, the Hood Canal Coordinating Council
serves as the lead entity. Information on the program can be found in the
Process Guide, available at the HCCC website at www.hccc.wa.gov.
Information on regional priorities can be found in the HCCC Salmon Habitat
Recovery Strategy at the same website.
Hood Canal Community Salmon Fund – This is a partnership between the
SRFB and the National Fish and Wildlife Foundation to provide a small grants
program to implement smaller-scale projects in high priority areas, building
on the HCCC Salmon Habitat Recovery Strategy and Salmon Recovery Plans.
Backyard Sanctuary Program
Encourage participation in Washington Department of Fish and Wildlife
backyard sanctuary program.
14.10 Project Evaluation
When a project is proposed for implementation by the city, other agency or by a
private party, the restoration project should be evaluated to ensure that the
project’s objectives are consistent with those of this Restoration chapter of the
SMP and, if applicable, that the project warrants implementation above other
candidate projects. (It is recognized that, due to funding sources or other
constraints, the range of any individual project may be narrow.)
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Shoreline Restoration, Chapter 14 Page 31
Figure 2 (Thom 2005)
It is also expected that the list of potential projects may change over time, that
new projects will be identified and existing opportunities will become less
relevant as restoration occurs and as other environmental conditions, or our
knowledge of them, change.
When evaluating potential projects, the following nine criteria should be
considered in assessing priority (the criteria are not listed in any order of
importance):
a. Restoration meets the goals and objectives for shoreline
restoration.
b. Restoration of processes is generally of greater importance than
restoration of functions.
c. Restoration avoids residual impacts to other functions or processes.
d. Projects address a known degraded condition.
e. Conditions that are progressively worsening are of greater priority.
f. Restoration has a high benefit to cost ratio.
g. Restoration is feasible, such as being located on and accessed by
public property or private property that is cooperatively available
for restoration. Restoration should avoid conflicts with adjacent
property owners.
h. There is public support for the project.
i. The project is supported by and consistent with other restoration
plans, such as that for WRIA 17.
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Shoreline Restoration, Chapter 14 Page 32
pressing needs, and other factors. Funding could also support a long term
monitoring program that evaluates restoration over the life of the SMP (as
opposed to independent monitoring for each project).
14.13 Potential Funding Sources
Potential sources of grant funding for restoration opportunities on the city’s
shorelines have been documented in Table 14.13-1.
Table 14.13-1: Funding Opportunities
Grant Name Allocating Entity Grant Size Contact
Acorn Foundation Acorn Foundation $5,000 - 12,000
Elizabeth Wilcox
Phone: (510) 834-2995
Email: ccounsel@igc.org
Allen Family
Foundation, Paul G.
(http://www.pgafamilyfoundation.
org/)
Aquatic Lands
Enhancement Account
Washington
Department of
Natural Resources
$10,000 – 1 Million
Leslie Ryan
Phone: (360) 902-1064
Email: leslie.ryan@wadnr.gov
Audubon Washington
Basinwide Restoration
New Starts General
Investigation
U.S. Army Corps of
Engineers varies
Bruce Sexauer
Phone: (206) 764-6959
Email:
bruce.r.sexauer@usace.army.mil
Bring Back the
Natives
National Fish and
Wildlife Foundation
Variable. FY99
Grants ranged from
$21,400 to 450,000
Pam McClelland
Phone: (202) 857-0166
Email: mcclelland@nfwf.org
Bullet Foundation
City Fish Passage
Barrier, Stormwater
and Habitat
Restoration Grant
Program
Washington
Department of
Transportation
varies
Cliff Hall
Phone: (360) 705-7993
Email: hallc@wsdot.wa.gov
Coastal Grant
Program
U.S. Fish & Wildlife
Service $5,000 - 50,000 Coastal Grant Contact
Phone: (703) 358-2201
Final 2-14-07
Shoreline Restoration, Chapter 14 Page 35
Final 2-14-07
Table 14.13-1: Funding Opportunities
Grant Name Allocating Entity Grant Size Contact
Coastal Zone
Management
Administration/
Implementation
Awards
Washington State
Department of
Ecology
$19,000 - 29,000
Bev Huether
Phone: (360) 407-7254
Email: bhue461@ecy.wa.gov
Community-Based
Restoration Program
National Oceanic
and Atmospheric
Administration
$1,000 to 500,000
Chris Doley
Phone: (301) 713-0174
Email: chris.doley@noaa.gov
Cooperative
Endangered Species
Conservation Fund
U.S. Fish & Wildlife
Service $1,000 - 14,000
Dan Morgan
Phone: (703) 358-2061
Email: Dan_Morgan@fws.gov
Doris Duke Charitable
Foundation
Doris Duke
Charitable
Foundation
Multi-year grants
that range from
$125,000 - 3.5
million
Adrienne Fisher
Phone: (212) 974-7000
Email: afisher@ddcs.org
FishAmerica Grant
Program
FishAmerica
Foundation varies
Johanna Laderman
Phone: (703) 519-9691
Email: jladerman@asafishing.org
Five-Star Restoration
Program
Environmental
Protection Agency
$5,000 - 20,000.
Subgrants average
$10,000
John Pai
Phone: (202) 260-8076
Email: pai.john@epa.gov
FMC Corporation
Bird and Habitat
Conservation Fund
FMC Corporation
and The National
Fish and Wildlife
Foundation
varies
Peter Stangel
Phone: (404) 769-7099
Email: stangel@nfwf.org
Forest Legacy
Program –
Washington
U.S. Forest Service,
Washington
Department of
Natural Resources
varies
Brad Pruitt
Phone: (360) 902-1102
Email: brad.pruitt@wadnr.gov
Habitat Conservation
U.S. Fish and
Wildlife Service
Coastal Program
varies
Sally Valdes
Phone: 703-358-2201
Email: sally.valdes@fws.gov
Hugh and Jane
Ferguson Foundation Hugh and Jane
Ferguson
$2,000 - 7,500 Therese Ogle
Phone: (206) 781-3472
Shoreline Restoration, Chapter 14 Page 36
Final 2-14-07
Table 14.13-1: Funding Opportunities
Grant Name Allocating Entity Grant Size Contact
Foundation Email: OgleFounds@aol.com
Landowner incentive
program
Washington State
Department of Fish
and Wildlife, Lands
Division
up to $5,000 for
small grants; others
up to $50,000
Ginna Correa or Jeff Skriletz
Phone: (360) 902-2478 or (360)
902-8313
http://wdfw.wa.gov/lands/lip
Matching Aid to
Restore States Habitat
(MARSH)
Ducks Unlimited varies
Ducks Unlimited
Phone: (916) 852-2000
Email: conserv@ducks.org
Migratory Bird
Conservancy
National Fish and
Wildlife Foundation $10,000 - 60,000
Peter Stangel
Phone: (404) 769-7099
Email: stangel@nfwf.org
Native Plant
Conservation
Initiative
Bureau of Land
Management, Forest
Service, Fish and
Wildlife Service,
and National Park
Service
$10,000 - 50,000
Caroline Cremer
Phone: (202) 857-0166
Email: caroline.cremer@nfwf.org
Nonpoint Source
Implementation Grant
(319) Program
Environmental
Protection Agency,
Washington State
Department of
Ecology
varies Aleciea Tilley
Email: atill461@ecy.wa.gov
North American
Wetlands
Conservation Act
Grants Program
U.S. Fish & Wildlife
Service
$100,000 - 1 million,
small grants capped
at $50,000
Bettina Sparrowe
Phone: (703) 358-1784
Email: r9arw_nawwo@fws.gov
Pacific Grassroots
Salmon Initiative
National Fish &
Wildlife Foundation $5,000 - 100,000
Anna Weinstein
Phone: (415) 778-0999
Email: weinstein@nfwf.org
Planning/Technical
Assistance Program
Bureau of
Reclamation varies
Dave Nelson
Phone: (503) 872-2801
Email: drnelson@pn.usbr.gov
Puget Sound Action
Team Public Puget Sound Action http://www.psat.wa.gov/Progr
Shoreline Restoration, Chapter 14 Page 37
Final 2-14-07
Table 14.13-1: Funding Opportunities
Grant Name Allocating Entity Grant Size Contact
Involvement and
Education fund
Team ams/Education.htm
Puget Sound Program U.S. Fish & Wildlife
Service varies
Mary Mahaffy
Phone: (360) 753-7763
Email: mary_mahaffy@fws.gov
Puget Sound Wetland
Restoration Program
Washington State
Department of
Ecology
Technical Assistance
Richard Gersib
Phone: (360) 407-7259
Email: rger461@ecy.wa.gov
Regional Fisheries
Enhancement Groups
Washington State
Department of Fish
and Wildlife
$10,000 - 40,000
Kristi Lynett
Phone: (360) 902-2237
Email: lynetksl@dfw.wa.gov
Salmon Recovery
Funding Board
Interagency
Committee for
Outdoor Recreation
varies
Rollie Geppert
Phone: (360) 902-2636
Email: Salmon@iac.wa.gov
Section 204:
Environmental
Restoration Projects in
Connection with
Dredging
U.S. Army Corps of
Engineers
75% of total project
modification costs
Mona Thomason
Phone: (206) 764-3600
Email:
mona.j.thomason@usace.army.mil
Section 206: Aquatic
Ecosystem
Restoration Program
U.S. Army Corps of
Engineers
65% of total project
implementation cost
Martin Hudson
Phone: (503) 808-4703
Email:
martin.hudson@usace.army.mil
Transportation
Environmental
Research Program
(TERP)
Federal Highway
Administration $20,000 - $50,000
Michael Koontz
Phone: 410-962-4586
Email:
michael.koontz@fhwa.dot.gov
Transportation Equity
Act for the 21st
Century (TEA-21)
Washington
Department of
Transportation
varies
Shari Schaftlein
Phone: (360) 705-7446
Email: sschaft@wsdot.wa.gov
Washington State
Ecosystems
Conservation Program
U.S. Fish & Wildlife
Service $500 - 26,000
Rich Carlson
Phone: (360) 753-5829
Email: rich_carlson@fws.gov
Wetland Protection, Environmental $5,000 - $20,000 Christina Miller
Shoreline Restoration, Chapter 14 Page 38
Final 2-14-07
Table 14.13-1: Funding Opportunities
Grant Name Allocating Entity Grant Size Contact
Restoration, and
Stewardship
Discretionary Funding
Protection Agency Phone: (206) 553-6512
Email: miller.christina@epa.gov
More detailed information about eligibility may be obtained from the contact identified
for the funding source.
14.14 Restoration Glossary
Abiotic: Nonliving, such as environmental factors including light, temperature, and
atmospheric gases.
Biotic: Produced or caused by living organisms or having to do with life or living
organisms.
Disturbance: Any relatively discrete event in time and space that disrupts or alters some
portion of an ecosystem. Disturbances are important factors that affect the character and
state of ecosystems. Examples from nearshore ecosystems include:
• Winter storms, which move large quantities of organic (e.g., logs) and inorganic
(e.g., sand) materials that can reshape beaches.
• Landslides, which deposit sand and gravel from bluffs onto beaches and into
nearshore marine waters.
• Shifts in ocean currents, which can result in changes in nutrient availability, water
temperature, primary production, and food web relationships.
Ecosystem: Community of organisms and their physical and chemical environment
interacting as an ecological unit.
Ecosystem process: Any interaction among physical, chemical and biological elements
of an ecosystem that involves a change in character or state of that system. In nearshore
ecosystems, some examples include the following:
• Changes in chemical composition of the water or sediment that occur as part of
nutrient uptake and transformation.
• Movement and mixing of fresh and salt water through an estuarine delta.
• Sediment transport along the shoreline.
Shoreline Restoration, Chapter 14 Page 39
Ecosystem recovery: Taking actions that allow an ecosystem to generate and maintain
processes that result in desirable ecosystem structure (e.g., habitats for valued species)
and functions (e.g., forage fish production).
Habitat: The physical, chemical and biological characteristics of a specific spatial unit or
geographic area of the environment occupied by specific biota (e.g., we refer to "Pacific
sand lance habitat" and "sand beach ecosystems"). To define habitat, it is necessary to
know the spatial extent in the ecosystem of a specific habitat for the plant or animal
considered, and the attributes of the habitat that support growth and survival of that
organism.
Nearshore: The estuarine/delta, marine shoreline and areas of shallow water from the top
of the coastal bank or bluffs to the water at a depth of about 10 meters below Mean
Lower Low Water. (This is the average depth limit of light penetration.) This zone
incorporates those geological and ecological processes, such as sediment movement,
freshwater inputs, and subtidal light penetration, which are key to determining the
distribution and condition of aquatic habitats. By this definition, the nearshore extends
landward into the tidally influenced freshwater heads of estuaries and coastal streams.
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14.15 Resource Links and References
Battelle Memorial Institute, Reconnaissance Assessment of the State of the Nearshore Ecosystem: Eastern
Shore of Central Puget Sound, Including Vashon and Maury Islands (WRIAs 8 and 9). Seattle:
King County DNR, http://dnr.metrokc.gov/wlr/watersheds/puget/nearshore/sonr.htm 2001.
Cascadia Consulting Group. Watershed Management Plan for the Quilcene-Snow Water Resource
Inventory Area (WRIA 17). Jefferson County: CCG, 2003.
Correa, Ginna. Salmon and Steelhead Habitat Limiting Factors Analysis: Water Resource Inventory Area
17, Quilcene-Snow Basin. Olympia: Washington Conservation Commission, 2002.
Diefenderfer, H.L., Ronald M. Thom and J.E. Adkins. For the Expert: Systematic Approach to Coastal
Ecosystem Restoration. Battelle Memorial Institute Pacific Northwest Division: Richland: NOAA,
http://www.csc.noaa.gov/coastal/expert/systematic/systematic.htm, 2003.
East Kitsap Lead Entity WRIA 15. (In preparation). East Kitsap Peninsula Salmon Habitat Restoration
Strategy. Kitsap, Washington.
http://www.kitsapgov.com/dcd/nr/srfbp/east_kitsap_salmon_habitat_strategy_draft_2005.pdf
Ewing, Lesley. Procedural Guidance Document: Monitoring. California Coastal Commission: NOAA,
http://www.coastal.ca.gov/web/pgd/pgd-mon.html,1997.
Fresh, K., C. Simenstad, J. Brennan, M. Dethier, G. Gelfenbaum, F. Goetz, M. Logsdon, D. Myers, T.
Mumford, J. Newton, H. Shipman, C. Tanner. Guidance for Protection and Restoration of the
Nearshore Ecosystems of Puget Sound. Puget Sound Nearshore Partnership Report No. 2004-02.
Seattle: Washington
Sea Grant Program, University of Washington, 2004.
Goetz, F., C. Tanner, C.S. Simenstad, K. Fresh, T. Mumford and M. Logsdon. Guiding Restoration
Principles. Puget Sound Nearshore Partnership Report No. 2004-03. Washington Sea Grant
Program, University of Washington, 2004.
Hargrave, Bernie and Tim Smith. Puget Sound Nearshore Project. Seattle: U.S. Army Corps of Engineers
and Washington State Department of Fish and Wildlife: 2005.
Myer, Gregor, Bill Leonard, Steve Thompson, and Kevin Lautz. Water Crossings. Olympia: Department
of Fish and Wildlife and Department of Transportation, http://wdfw.wa.gov/hab/ahg/ahgwhite.htm
2002.
National Marine Fisheries Service. Making Endangered Species Act Determinations of Effect for
Individual or Grouped Actions at the Watershed Scale. Seattle: NMFS, 1996.
Nightingale, Barbara. City of Port Townsend Shoreline Inventory and Assessment. Port Townsend: City
of Port Townsend, 2004.
Nightingale, Barbara, Simenstad, Charles, Carrasquero, Jose, and Poston, Ted. Overwater Structures:
Marine, Freshwater, and Treated Wood Issues. Seattle: University of Washington Wetland
Ecosystem Team School of Aquatic and Fishery Sciences,
http://wdfw.wa.gov/hab/ahg/overwatr.htm, 2001.
People for Puget Sound. Sound Stewardship Program. Seattle: http://pugetsound.org/index/pubs
Final 2-14-07
Shoreline Restoration, Chapter 14 Page 41
Point No Point Treaty Council. (In preparation). Historical changes to estuaries and other nearshore
habitats in Hood Canal and the Strait of Juan de Fuca. Kingston, Washington.
Port Townsend. City of, Comprehensive Public Access Plan. Port Townsend: City of Port Townsend,
1992.
Port Townsend. City of, Port Townsend Urban Waterfront Plan. Port Townsend: City of Port Townsend,
1990.
Puget Sound Action Team. Puget Sound Ambient Monitoring Program. Seattle:
http://www.pugetsoundnearshore.org/material_activity.html#papers
Stastny Architects et al. Port Townsend Gateway Development Plan. Port Townsend: City of Port
Townsend, 1991.
Thayer, Gordon W., Teresa A. McTigue, Russell J. Bellmer, Felicity M. Burrows, David H. Merkey, Amy
D. Nickens, Stephen J. Lozano, Perry F. Gayaldo, Pamela J. Polmateer, and P. Thomas Pinit.
Science-Based Restoration Monitoring of Coastal Habitats, Volume One: A Framework for
Monitoring Plans Under the Estuaries and Clean Waters Act of 2000 (Public Law 160-457).
NOAA Coastal Ocean Program Decision Analysis Series No. 23, Volume 1. NOAA National
Centers for Coastal Ocean Science, Silver Spring, 2003.
Thom, Ronald M., Gregory D. Williams and Amy B. Borde. Conceptual Models as a Tool for Assessing,
Restoring, and Managing Puget Sound Habitats and Resources. Bainbridge Island: City of
Bainbridge Island,
http://www.psat.wa.gov/Publications/03_proceedings/PAPERS/ORAL/9e_thom.pdf, 2003.
Van Cleve, F. B., C. Simenstad, F. Goetz, and T. Mumford. Application of Best Available Science in
Ecosystem Restoration: Lessons Learned from Large-Scale Restoration Efforts in the USA. Puget
Sound Nearshore Partnership Report No. 2004-01. Seattle: Washington Sea Grant Program,
University of Washington, 2004.
Williams, Gregory D., and Ronald M. Thom. Marine and Estuarine Shoreline Modification Issues.
Sequim: Battelle Marine Sciences Laboratory, http://www.wdfw.wa.gov/hab/ahg/marnrsrc.htm
2001.
Final 2-14-07
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Chapter 15 - Definitions
Chapter 15
Definitions
SECTIONS:
15.1 General Information
15.2 Definitions: A to B
15.3 Definitions: C to F
15.4 Definitions: G to O
15.5 Definitions: P to R
15.6 Definitions: S to T
15.7 Definitions: U to Z
15.1 General Information
For the purpose of this Master Program, certain terms and their derivations
shall be construed as specified in this section. Some terms used in this
Master Program may have a different definition and application under
other City of Port Townsend regulations. Words in the singular include
the plural, and the plural, the singular. The words "shall" and "will" are
mandatory; the word "may" is permissive. Additional definitions
applicable to this Master Program and adopted by reference herein, are
found in RCW 90.58 and applicable sections of the Washington
Administrative Code. The following definitions apply throughout this
Program, unless otherwise indicated.
If a definition is not included here, the city shall rely on definitions found
in applicable citations in the Revised Code of Washington (RCW),
Washington Administrative Code (WAC), the Port Townsend Municipal
Code (PTMC), and finally a standard dictionary, in that order. In case of
conflict with PTMC, definitions within the RCW, WAC, and/or this
Master Program shall prevail.
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15.2 Definitions: A to B
Abandoned Over-water Structure
An over-water structure that has been abandoned and has fallen into a
dilapidated state such that reuse of the structure will require repairs equal to
or greater than 50% of it’s market value.
Abiotic – Not “biotic.”
Accessory Building
A subordinate building attached to or detached from the principal
building and used for purposes customarily incidental to the use of the
principal building. Accessory buildings include but are not limited to
an automobile storage garage, playhouse, laundry room, garden
shelter, hobby room and mechanical room. (PTMC – Zoning – January
1, 2005).
Accessory Dwelling Unit
An accessory dwelling unit (ADU) is a habitable dwelling unit added
to, created within, or detached from and on the same lot with a single
family dwelling that provides basic requirements for living, sleeping,
eating, cooking, and sanitation.
Accessory Use
A water-oriented or non-water-oriented use that is demonstrably
subordinate and incidental to a water-oriented use; located on the same
lot or in the same building as the water-oriented use; and which
functionally supports its activity.
Accretion
The growth of a beach by the addition of material transported by wind
and/or water. Included are such shoreforms as barrier beaches, points,
spits, hooks and tombolos.
Act
The Shoreline Management Act of 1971, as amended (Chapter 90.58
RCW).
Activity
An occurrence associated with a use; the use of energy toward a
specific action or pursuit. Examples of shoreline activities include but
are not limited to fishing, swimming, boating, dredging, fish spawning,
wildlife nesting, or discharging of materials.
Adaptive Reuse
Any change of use that is not considered a water-oriented use in a
portion of any eligible building located in the Point Hudson Shoreline
Designation. Adaptive reuses are limited to 30% of the total square
footage of any eligible building and may include the uses specifically
identified within the table of permitted uses for the Point Hudson
Subdistricts.
[NOTE: The purpose of the adaptive reuse provision is to help
revitalize and rehabilitate the existing coast guard buildings within the
Point Hudson East subdistrict by facilitating the conversion of older,
smaller spaces to viable uses that build on the character of the existing
buildings and uses currently found within those buildings. Adaptive
reuse is intended to help reduce vacant space in Point Hudson,
rehabilitate historic and culturally significant buildings, and
encourage an appropriate mix of water-enjoyment uses and visitor
services.]
Adjacent Lands
Lands adjacent to the shorelines of the state (outside of shoreline
jurisdiction). The SMA directs local governments to develop land use
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controls (i.e., zoning, comprehensive planning) for such lands
consistent with the policies of the SMA, related rules and the local
shoreline master program (see Chapter 90.58.340 RCW).
Administrator
The Port Townsend Development Services Director or his/her
designee, charged with the responsibility of administering the Port
Townsend Shoreline Master Program.
Advertising
Means any display of letters, numerals, characters, words, symbols,
emblems, illustrations, objects or registered trademarks which serve to
call to the attention of the public products, services, businesses,
buildings, premises, events, candidates or ballot proportions (PTMC).
On-premise advertising is that which is actually located on the site of
the business or service advertised.
Agriculture
The cultivation of soil, production of crops, or the raising of livestock.
AKART
An acronym for "all known, available, and reasonable methods of
prevention, control, and treatment" (WAC 173-201A-020). AKART
shall represent the most current methodology that can be reasonably
required for preventing, controlling, or abating the pollutants
associated with a discharge. The concept of AKART applies to both
point and nonpoint sources of pollution.
Alteration
Means any human-induced action that impacts the existing conditions
of the area. Alteration includes but is not limited to:
Grading, filling, dredging, draining, channelizing, cutting, topping;
Clearing, relocating or removing vegetation;
Paving, construction, modifying for surface water manage
purposes;
Human activity that impacts the existing topography, vegetation,
hydrology or wildlife habitat.
Alteration does not include walking, passive recreation or similar
activities.
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Anadromous Fish
Species, such as salmon, which are born in fresh water, spend a large
part of their lives in the sea, and return to freshwater rivers and streams
to procreate (e.g., salmon).
Applicable Master Program
The Master Program approved or adopted by the Washington State
Department of Ecology pursuant to RCW 90.58.090 or RCW
90.58.190.
Appurtenance
A structure or development that is necessarily connected to the
function and enjoyment of a single-family residence or other use and is
located landward of the ordinary high water mark and the perimeter of
a wetland. On a statewide basis, normal appurtenances include a
garage; deck; driveway; utilities; fences; installation of a septic tank
and drainfield and grading which does not exceed two hundred fifty
(250) cubic yards and which does not involve placement of fill in any
wetland or waterward of the ordinary high water mark.
Aquaculture
The culture or farming of food fish, shellfish, or other aquatic plants or
animals, including the incidental preparation of these products for
human use. The term encompasses a wide variety of activities
including hatching, seeding, planting, cultivating, feeding, raising, and
harvesting of plants and animals. Those activities that do not meet the
definition of “development” in this Master Program (e.g., recreational
hand harvesting) are not subject to shoreline permit requirements.
Aquatic
All water bodies, including marine waters, lakes, rivers, and streams
and their respective water columns and underlying lands, which are
defined as shoreline of the state.
Archaeology
The systematic recovery by scientific methods of material evidence
remaining from man’s life and culture in past ages, and the detailed
study of this evidence.
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Artwork
As used in this Master Program, artwork means an original creation of
visual art including but not limited to sculptures, fountains, ceramic
tiles, and earthworks. Murals and structures (such as the Jackson
Bequest or Wave Viewing Gallery) are excluded from this definition.
See the City’s sign code for regulation of murals (17.76PTMC). See
“Structure”.
Associated Wetlands
Those wetlands that are in proximity to and either influence, or are
influenced by tidal waters or a lake or stream subject to the Shoreline
Management Act (WAC 173-22-030(1)).
Backshore
The area wetted by storm tides but normally dry between the coastline
and the high tide line. It may be a narrow gravel berm below a sea
bluff or a broader complex of berms, marshes, meadows, or dunes
landward of the high tide line.
Bar
Similar to spits and hooks, though generally not attached to the
mainland during periods of high water.
Barrier Beach
An accretion shore form of sand and gravel that has been deposited by
longshore drift, like storm barriers, in front of bluffs, bays, marshes
and estuaries.
Bathymetry, Bathymetrics
The measurement of water depth at various places in a body of water;
also: the information derived from such measurements
- bathy·met·ric
Beach
The zone of unconsolidated material that is moved by waves, wind and
tidal currents, extending landward to the coastline.
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Beach feeding
A process by which beach material is deposited at one or several
locations in the updrift portion of a driftcell. The material is then
naturally transported by a wave’s down drift to stabilize or restore
eroding beaches or berms.
Benthic/Benthos
Of or having to do with the bottom of oceans or seas. In biology,
“benthos” meaning the organisms living on or in the bottom of oceans,
lakes, or streams.
Berms
A linear mound of sand or gravel that is placed parallel to the shore at
or above the ordinary high water mark. This may be a natural or a
manmade feature.
Best Management Practices (BMPs)
BMPs are methods of improving water quality that can have a great
effect when applied by numerous individuals. BMPs encompass a
variety of behavioral, procedural, and structural measures that reduce
the amount of contaminants in stormwater runoff and in receiving
waters. The term "best management practices" is typically applied to
nonpoint source pollution controls and is considered a subset of the
AKART requirement.
Bioengineering
The practice of using natural vegetative materials to stabilize
shorelines and prevent erosion. This may include use of bundles of
stems, root systems, or other living plant material, soft gabions, fabric
or other soil stabilization techniques, and limited rock toe protection
where appropriate. Bioengineering projects often include fisheries
habitat enhancement measures in project design (e.g., anchored logs,
root wads, etc.).
Biota
The animals and plants that live in a particular location or region.
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Bioengineering/biotechnical measures
Bioengineering is the term given to the practice of using natural
vegetative materials to stabilize shorelines and prevent erosion. This
may include use of bundles for stems, root systems, or other living
plant material; soft gabions, fabric or other soil stabilization
techniques; and limited rock toe protection where appropriate. The
use of bioengineering as a shoreline stabilization technique is seen as
an alternative to riprap, concrete and other structural solutions.
Biotic
Of or relating to life; especially: caused or produced by living beings.
Boat Launch or Ramp
Graded slopes, slabs, pads, planks, or rails used for launching boats by
means of a trailer, hand, or mechanical device.
Boat Lift
A mechanical device that can hoist vessels out of the water for storage.
These devices are usually located along a Boathouse
Boat House
A structure designed for storage of vessels located over water or in
upland areas. Boathouses should not be confused with "houseboats.”
Boating Facilities
Boating facilities include marinas, both backshore and foreshore, dry
storage and wet-moorage types, covered moorage, and marine travel
lifts.
Bog
A shallow water area that may be filled by sedimentation and the
decaying of vegetation [reference WAC 173-22-030(5)].
Breakwater
An off-shore structure generally built parallel to the shore that may or
may not be connected to land. Its primary purpose is to protect a
harbor, moorage, or navigational activity from wave and wind action
by creating a still-water area along the shore. A secondary purpose is
to protect the shoreline from wave-caused erosion.
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Buffer
”Buffer” means an area on a landscape adjacent to any critical area
which:
1. Physically isolates the critical area from surrounding areas using
distance, height, visual and/or sound barriers;
2. Acts to minimize risk to the public from loss of life, well-being
or property damage resulting from natural disasters associated
with the critical area;
3. Protects the functions and values of the critical area from
adverse impacts of adjacent activities;
4. Provides shading, input of organic debris and coarse sediments,
room for variation and changes in natural critical area
characteristics;
5. Provides habitat for wildlife; and/or
6. Provides protection from harmful intrusion.
All of these buffer functions protect the public from losses suffered
when the functions and values of critical areas are degraded.
(Also See “Setbacks”).
Building
Any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of any use or
occupancy. (different but consistent with PTMC)
Building Height – see Height
Bulkhead
A solid or open pile wall usually constructed parallel to the shore
whose primary purpose is to contain and prevent the loss of soil by
erosion, wave, or current action. Bulkheads are used to protect marine
bluffs by retaining soil at the toe of the slope or by protecting the toe
of the bank from erosion and undercutting. Bulkheads are typically
constructed of poured-in-place concrete, steel or aluminum sheet
piling, wood, or wood and structural steel combinations.
Bulkheads are normally lighter than a seawall and similar to structures
termed "Revetments" defined below.
Buoy
Buoys are floating devices anchored in a waterbody for navigational
purposes or moorage. See also “Mooring Buoy.”
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15.3 Definitions: C to F
Campground
An outdoor area established for overnight accommodation of
recreational user.
Channel
An open conduit for water either naturally or artificially created, but
does not include artificially created irrigation, return flow, or stock
watering channels. See also “Stream”.
City
The incorporated City of Port Townsend, Washington.
Clearing
The destruction or removal of vegetation, ground cover, shrubs and
trees including, but not limited to, root material removal that affects
the erosive potential of the soils on the site. This includes such
activities as clear-cutting or selective harvest of trees, chipping of
stumps and hauling off of shrubs, slash piles, etc.
Coastline
The highest landward line of long-term marine water effect upon the
land.
Covered Moorage
Boat moorage, with or without walls, that has a roof to protect the
vessel.
Commercial
Commercial developments are those uses that are involved in
wholesale, retail, service or business trade activities. Examples
include but are not limited to hotels, motels, grocery stores,
restaurants, shops, offices, visitor’s centers, government or other
offices, and indoor recreation facilities.
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Comprehensive Plan
Comprehensive Plan means the document, including maps, adopted by
the city council that outlines the City’s goals and policies relating to
management of growth, and prepared in accordance with Ch. 36.70A
RCW. The term also includes adopted subarea plans prepared in
accordance with Ch. 36.70A RCW.
Conditional Use
A use, development, or substantial development that is classified as a
conditional use or is not classified within the applicable master
program. Refer to WAC 173-27-030(4).
Conservancy
An area with valuable natural, cultural, or historical resources.
County
Jefferson County, Washington.
Creek
A small stream; often a shallow or intermittent tributary to a river.
Surface water run-off flowing in a natural or modified channel that is
drawn by gravity to progressively lower levels and eventually to the
sea.
Critical Areas
For the purposes of this Master Program, "critical areas" include
aquifer recharge areas, fish and wildlife habitat conservation areas,
frequently flooded areas and critical drainage corridors, geologically
hazardous areas, wetlands and streams. Under the GMA, critical areas
are to be classified, designated and protected. In designating and
protecting critical areas, the city shall use the best available science,
consistent with RCW 36.70A.172.
Cumulative Impact
The impact on the environment which results from the incremental
impact of the action when added to other past, present, and reasonably
foreseeable future actions regardless of what agency or person
undertakes such other actions. Cumulative impacts can result from
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individually minor but collectively significant actions taking place
over a period of time.
Development
A use consisting of the construction or exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel, or
minerals; bulkheading; driving of piling; placing of obstructions; or
any other project of a permanent or temporary nature which interferes
with the normal public use of the surface of the waters overlying lands
subject to the Act at any state of water level (RCW 90.58.030(3d)).
See also “Substantial Development.”
Dock
A dock or pier is a landing and moorage facility for watercraft that
abuts the shoreline and does not include recreational decks, storage
facilities, or other appurtenances.
Downdrift
The direction of movement of beach materials.
Dredge Spoil or Dredge Material
The material removed by dredging.
Dredging
The removal of earth, sand, gravel, silt, or debris from the bottom of a
stream, river, lake, bay, or other water body and associated wetlands.
Drift cell
Drift cell is a term used to describe a geographic unit along the shore.
Each begins at a sediment source along an eroding shoreline, often at
the base of “feeder bluffs”. Sediment is transported within the drift
cell by currents and wind-blown waves, finally being deposited at an
accretion shore form (e.g., spits, sandbars, accretion beach) marking
the end of the drift cell. See “Accretion” and “Feeder Bluff”.
Driftway
The foreshore area that connects a feeder bluff and its accretion from
where sand or gravel is deposited by net effect of wave action and
longshore drifts.
Dwelling
Any building or portion thereof designed or used primarily for
residential occupancy, including single-family dwellings, duplexes,
triplexes, fourplexes, and multifamily dwellings, but not including
hotels or motels.
Dwelling, multifamily
A building containing five or more dwelling units, including units that
are located one over the other.
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Dwelling, single-family
In considering shoreline exemptions, single-family dwelling means a
structure designed for and occupied exclusively by one family and the
household employees of that family (i.e., it does not include duplex, triplex, or
fourplex).Ecological Functions
"Ecological functions" or "shoreline functions" means the work
performed or role played by the physical, chemical, and biological
processes that contribute to the maintenance of the aquatic and
terrestrial environments that constitute the shoreline's natural
ecosystem. See WAC 173-26-200 (2)(c).
The beneficial roles served by ecological functions include, but are not
limited to, water quality protection and enhancement, fish and wildlife
habitat, food chain support, flood storage, conveyance and attenuation,
ground water recharge and discharge, erosion control, wave
attenuation, protection from hazards, historical and archaeological and
aesthetic value protection, educational opportunities, and recreation.
These beneficial roles are not listed in order of priority. Functions can
be used to help set targets (species composition, structure, etc.) for
managed areas, including mitigation sites.
Economic Development
A development that provides a service, produces a good, retails a
commodity, or engages in any other use of activity for the purpose of
making financial gain.
Ecosystem-wide processes
The suite of naturally occurring physical and geologic processes of
erosion, transport, and deposition; and specific chemical processes that
shape landforms within a specific shoreline ecosystem and determine
both the types of habitat and the associated ecological functions.
Eligible Buildings
For the purposes of the Port Townsend Shoreline Master Program,
“eligible buildings” refers to the following buildings in the Point
Hudson Shoreline Designation that are allowed to have adaptive uses
in a portion of the building:
Hospital
Main Building
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Shower Building
Emergency
An unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time too short
to allow full compliance with the Master Program. Emergency
construction is construed narrowly as that which is necessary to protect
property from the elements (RCW 90.58.030(3eiii) and WAC 173-27-
040(2d)). See also “Substantial Development”.
Enhancement
Enhancement means an action approved by the Shoreline
Administrator and taken with the intention and probable effect of
improving the condition and function of a shoreline area, such as
improving environmental functions in an existing, viable, shoreline
habitat by means of increasing plant diversity, increasing wildlife
habitat, installing environmentally compatible erosion controls, or
removing nonindigenous plant and/or animal species.
Or -Alteration of an existing resource to improve or increase its
characteristics and processes without degrading other existing
functions. Enhancements are to be distinguished from resource
creation or restoration projects.
Environmental Impacts.
The effects or consequences of actions on the natural and built
environments. Environmental impacts include effects upon the
elements of the environment listed in the State Environmental Policy
Act (SEPA) (WAC 197-11-600 and WAC 197-11-444)
Environment(s) (Shoreline Environment(s))
Designations given specific shoreline areas based on the existing
development pattern, the biophysical capabilities and limitations, and
the goals and aspirations of local citizenry, as part of a Master
Program.
Erosion
The group of natural processes including weathering, dissolution, abrasion,
corrosion, and transporting by which earthy or rocky material is removed
from any part of the earth's surface.
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Esplanade
A level stretch of ground, especially a public walk or walkway.
Estuary
That portion of a coastal stream influenced by the tide of marine waters into
where it flows and where the seawater is diluted with fresh water derived
from land drainage.
Exempt Development
Certain specific developments as listed in WAC 173-27-040 are
exempt from the definition of substantial development and therefore
exempt from the substantial development permit process of the SMA.
An activity that is exempt from the substantial development provisions
of the SMA must still be carried out in compliance with policies and
standards of the Act and the local master program. Conditional use
and/or variance permits may also still be required even though the
activity does not need a substantial development permit (RCW
90.58.030(3e).
Extreme Low Tide
The lowest line of the land reached by a receding tide.
Fair Market Value
"Fair market value" of a development is the open market bid price for
conducting the work, using the equipment and facilities, and purchase
of the goods, services and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a
contractor to undertake the development from start to finish, including
the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead and profit. The fair market
value of the development shall include the fair market value of any
donated, contributed or found labor, equipment, or materials.
Feasible
Pursuant to the Shoreline Guidelines (WAC 173-26), feasible means
that an action, such as a development project, mitigation, or
preservation requirement, meets all of the following conditions:
(a) The action can be accomplished with technologies and methods
that have been used in the past in similar circumstances, or studies or
tests have demonstrated in similar circumstances that such approaches
are currently available and likely to achieve the intended results;
(b) The action provides a reasonable likelihood of achieving its
intended purpose; and
(c) The action does not physically preclude achieving the project's
primary intended legal use.
In cases where these guidelines require certain actions unless they are
proven to be infeasible, the burden of proving infeasibility is on the
applicant.
In determining an action's infeasibility, the reviewing agency may
weigh the action's relative public costs and public benefits, considered
in the short- and long-term time frames.
Feeder Bluff
A shore or sea bluff whose eroding material is transported by
longshore drift and provides the building blocks and nourishment for
spits, bars, hooks, and other accretion shore forms.
First Class Tidelands
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The beds and shores of navigable tidal waters lying within or in front
of the corporate limits of any city, or within one mile thereof, upon
either side and between the line of ordinary high tide and the inner
harbor line, and within two miles of the corporate limits on either side
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and between the line of ordinary high tide and the line of extreme low
tide.
Float
A floating structure, not connected to the shoreline, that is moored,
anchored, or otherwise secured in the water that is not connected to the
shoreline.
Flood Control
Any undertaking for the conveyance, control, and dispersal of
floodwaters caused by abnormally high direct precipitation or stream
overflow.
Floodplain
A term synonymous with the hundred-year floodplain, meaning that
land area susceptible to being inundated by stream derived waters with
a one percent chance of being equaled or exceeded in any given year.
The limit of this area shall be based upon flood ordinance regulation
maps or a reasonable method that meets the objectives of the Shoreline
Management Act.
Functions and Values (see “Ecological Functions”)
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15.4 Definitions: G to O
Gabions
Structures composed of masses of rocks, rubble or masonry held
tightly together usually by wire mesh so as to form blocks or walls.
Sometimes used on heavy erosion areas to retard wave action or as
foundations for breakwaters or jetties.
Geomorphology
The science dealing with the relief features of the earth and the
processes influencing their formation.
GMA
Growth Management Act – Washington State House Bill 2929
adopted in 1990 and amendments thereto. Codified largely within
Chapter 36.70A RCW.
Grading
The movement or redistribution of the soil, sand, rock, gravel,
sediment, or other material on a site in a manner that alters the natural
contour of the land. .
Grassy Swale
A vegetated drainage channel that is designed to remove various
pollutants from storm water runoff through biofiltration.
Groin
A barrier-type structure extending from the backshore or stream bank
into a water body. The purpose of a groin is to interrupt sediment
movement along the shore. A groin is also referred to as a rock weir.
Habitat
The place or type of site where a plant or animal naturally or normally
lives and grows.
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Harbor Area
The area of navigable tidal waters as determined in Section 1 of
Article 15 of the Washington State constitution, which shall be forever
reserved for landings, wharves, streets, and other conveniences of
navigation and commerce.
Hearing Examiner (Land Use)
The Hearing Examiner of the City of Port Townsend.
Hearings Board
The state shorelines hearings board established by the Act.
Height, Building
Please refer to the Port Townsend Municipal Code Chapter17.08 ]
Historic
Having considerable importance or influence in history; historical.
HPA - Hydraulic Project Approval.
The permit issued by the Washington State Department of Fish and
Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100-140
RCW.
Hydraulic Continuity
Hydric Soil
Hydric soil means soil that formed under conditions of saturation,
flooding, or ponding long enough during the growing season to
develop anaerobic conditions in the upper soil horizon(s), thereby
influencing the growth of plants.
Hydrophytes
Plants capable of growing in water or on a substrate that is al least
periodically deficient in oxygen as a result of excessive water content.
See also Marshes, Bogs, and Swamps
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Industry
The production, processing, manufacturing, or fabrication of goods or
materials. Warehousing and storage of materials or production is
considered part of the industrial process.
Inner Harbor Line
A line located and established in navigable tidal waters between the
line of ordinary high tide and the outer harbor line and constituting the
inner boundary of the harbor area.
In-kind Replacement
To replace wetlands, biota or other organisms with substitute flora or
fauna whose characteristics closely match those destroyed, displaced,
or degraded by an activity.
Jetty
A structure generally perpendicular to the shore, extending through or
past the intertidal zone. Jetties are built singly or in pairs at a harbor
entrance or river mouth mainly to prevent accretion from littoral drift
in an entrance channel, which may or may not be dredged. Jetties also
serve to protect channels from storm waves or cross currents and to
stabilize inlets through barrier beaches. On the Pacific Coast, most
jetties are of rip-rapped, mound construction.
Lake
A body of standing water in a depression of land or expanded part of a
river, including reservoirs, of twenty (20) acres or greater in total area.
A lake is bounded by the ordinary high water mark or, where a stream
enters a lake, the extension of the elevation of the lake's ordinary high
water mark within the stream (RCW 90.58.030(1d); WAC 173-22-
030(9)).
Landfill
The creation of or addition to a dry upland area by depositing material
into waters or onto shorelines or wet land areas.
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Landscaping
Vegetative ground cover including shrubs, trees, flower beds, grass,
ivy and other similar plants and including tree bark and other materials
which aid vegetative growth and maintenance.
LID, Low-Impact Development
Low impact development is a stormwater management and land
development strategy applied at the parcel and subdivision scale that
emphasizes conservation and use of on-site natural features integrated
with engineered, small-scale hydrologic controls to more closely
mimic predevelopment hydrologic functions.
Littoral Drift
The mud, sand, or gravel material moved parallel to the shoreline in
the nearshore zone by waves and currents.
Marina
A facility that provides launching, storage, supplies, moorage, and
other accessory services for six or more pleasure and/or commercial
water craft.
Marine Bluff
Steep slopes formed and maintained by marine wave action. Marine
bluffs include those marine bluffs that have been modified by
bulkheads or railroads (e.g., along Larry Scott Memorial Trail).
Excluded from this definition are steep slopes that have been
significantly removed from wave action due to the evolution of spits,
lagoons, and protected marshes (e.g., bluffs along Washington Street
downtown and above the campground at Fort Worden) or due to
intervening, legal non-conforming development that eliminates wave
action (e.g., bluffs behind Water Street between the Washington State
Ferry terminal and Kearny Street).
Marshes, Bogs, and Swamps
As defined in WAC 17-22-030(5), "marshes, bogs, and swamps" are
lands transitional between terrestrial and aquatic systems where
saturation with water is the dominant factor determining plant and
animal communities and soil development. For the purposes of this
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definition, these areas must have one or more of the following
attributes:
a) At least periodically, the land supports predominantly
hydrophytes; and/or
b) The substrate is predominantly undrained hydric soils.
Hydrophytes include those plants capable of growing in water or on a
substrate that is at least periodically deficient in oxygen as a result of
excessive water content. Hydric soils include those soils that are wet
enough to periodically produce anaerobic conditions, thereby
influencing the growth of plants.
Master Program
The comprehensive management plan for a described shoreline and
water surface area and the use regulation together with maps,
diagrams, charts, or other descriptive material and text; a statement of
desired goals and standards developed in accordance with the policies
enunciated in RCW 90.58.020 and its guidelines under WAC 173-14
and 173-16, as amended.
Mining
The removal of naturally occurring rock, sand, gravel, and minerals from the
earth.
Mitigation or Mitigation Sequencing
The process necessary to avoid, minimize or reduce, or compensate for
the environmental impact(s) of a proposal (see WAC 197-11-768 and
WAC 173-26-020 (30)). Mitigation or mitigation sequencing means
the following sequence of steps listed in order of priority, with (a) of
this subsection being top priority:
a) Avoiding the impact altogether by not taking a certain
action or parts of an action;
b) Minimizing impacts by limiting the degree or
magnitude of the action and its implementation by
using appropriate technology or by taking affirmative
steps to avoid or reduce impacts;
c) Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
d) Reducing or eliminating the impact over time by
preservation and maintenance operations;
e) Compensating for the impact by replacing, enhancing,
or providing substitute resources or environments; and
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f) Monitoring the impact and the compensation projects
and taking appropriate corrective measures.
Mixed-use Development
Mixed-use developments are projects that include water-dependent
uses combined with water-related uses, water-enjoyment uses and/or
non-water-oriented uses. Mixed-use developments can be a tool for
increased water-dependent activities, civic revitalization, and public
access to the shoreline. To encourage mixed-use projects that achieve
a public benefit, special provisions can be included in a master
program that offer a potential developer incentives or more latitude
than normal master program requirements. In return, the developer’s
proposal must include elements that further the objectives of he
Shoreline Management Act and benefit the public. Implicit in the
concept of mixed-use provisions is that additional development
incentives must be justified by increased and long-term public benefit
resulting from the project and that the public benefit must relate to
SMA objectives. Generally in mixed-use projects the water-oriented
uses and non-revenue recreation uses are “subsidized” by the
economic advantages of the other uses in the sense that the water-
oriented uses could not be economically developed without support
from viable water-enjoyment or non-water-oriented uses.
Moorage
Any device or structure used to secure a vessel for temporary
anchorage, but which is not attached to the vessel (such as a dock or
buoy).
Moorage Piles
Structural members that are driven into the lake bed to serve as a
stationary moorage point. They are typically used for moorage of
small boats in the absence of, or instead of, a dock or pier. In some
cases, moorage piles may be associated with a dock or pier.
Mooring Buoy
A floating object anchored to the bottom of a water body that provides
tie up capabilities for vessels.
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Multiple-Use
The combining of compatible uses within one development.
Native Plants or Native Vegetation
Plant species that are indigenous to the Olympic Peninsula.
Natural
A shoreline possessing unique or fragile features, whether natural or cultural,
that are totally or essentially unaltered from their natural state or are
relatively intolerant of human use other than for passive historical, cultural,
scientific, archaeological, or educational activity.
Natural or Existing Topography
The topography of the lot, parcel, or tract of real property immediately prior
to any site preparation or grading, including excavation or filling.
Navigable Waters
Those waters lying waterward of and below the line of navigability on
lakes not subject to tidal flow, or extreme low tide mark in navigable
tidal waters, or the outer harbor line where harbor area has been
created.
Non-conforming Use or Development
A shoreline use or structure or portion thereof which was lawfully
constructed or established prior to the effective date of the Shoreline
Management Act or local shoreline master program provision, or
amendments, but no longer conforms to the policies and regulations of
this Master Program.
Non-water-oriented Use
A use that has little or no relationship to the shoreline and is not
considered a priority use under the Shoreline Management Act. All
uses which do not meet the definition of water-dependent, water-
related, or water-enjoyment are classified as non-water-oriented uses.
Examples of non-water-oriented uses include professional offices,
general retail or commercial uses, residential development, and mini-
storage facilities.
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Normal Maintenance
Those usual acts to prevent a decline, lapse, or cessation from a
lawfully established condition (WAC 173-27-040(2b)). See also
“Normal Repair”.
Normal Protective Bulkhead
A bulkhead, common to single-family residences, constructed at or
near the ordinary high water mark to protect an existing single-family
residence, and which sole purpose is for protecting land from erosion,
not for the purpose of creating new land (WAC 173-27-040(2c).
Normal Repair
Activities that restore the character, size or scope of a project only to
the previously authorized condition within a reasonable period after
decay or partial destruction, excepting that repair involving total
replacement which is not common practice or causes substantial
adverse effects to the shoreline resource or environment shall not be
construed as normal repair (WAC 173-27-040(2b) See also “Normal
Maintenance”.
Noxious Weed
Any plant that is invasive, such as Himalayan blackberries, Scotch
broom, Spartina, and listed on the state noxious weed list in Chapter
16-750 WAC.
NWMC – Northwest Maritime Center
Offshore
The sloping subtidal area seaward from the low tideland.
Offshore Moorage Device
An offshore device anchored or otherwise attached to the sea bottom
used to moor water craft.
Off-site Compensation
To compensate for lost or degraded wetlands or other shoreline
environmental resources by creating or restoring these areas on lands
other than the site on which the impacts were located
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OHWM (Ordinary High Water Mark)
On-site Compensation
To compensate for lost or degraded wetlands or other shoreline
environmental resources by creating or restoring these areas at or
adjacent to the site on which the impact were located.
Out-of-kind compensation
To compensate for lost or degraded wetlands or other shoreline
environmental resources by creating substitute habitat whose
characteristics do not closely approximate those lost or degraded by a
development activity.
One-hundred-year Flood
The maximum flood expected to occur during a one-hundred-year
period.
Open Space
A land area allowing view, use or passage that is almost entirely
unobstructed by buildings, paved areas, or other man-made structures.
Ordinary High Water Mark ( often abbreviated OHWM)
That mark on all lakes, streams, and tidal waters that will be found by
examining the bed and banks and ascertaining where the presence and action
of waters are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of the abutting
upland in respect to vegetation as that condition exists on June 1, 1971 or as
it may naturally change thereafter; or as it may change thereafter in
accordance with permits issued by the local government or the Washington
State Department of Ecology; provided that in any area where the ordinary
high water mark cannot be found, the ordinary high water mark adjoining salt
water shall be the line of mean higher high tide, and the ordinary high water
mark adjoining fresh water shall be the line of mean high water.
Outer Harbor Line
A line located and established in navigable waters as provided in Section 1 of
Article 15 of the Washington State Constitution, beyond which the state shall
never sell or lease any rights whatsoever.
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Over-water Structure
Any device or structure located waterward of the ordinary high water
mark, including, but not limited to piers, docks, floats, and moorage or
anchor buoys and buildings constructed on piers or perimeter rock
foundations (e.g. Cannery, City Dock, Admiralty Apartments).
Existing legally established buildings constructed on fill or on a
continuous concrete foundation that are located waterward of what
would otherwise be the OHWM ( e.g. Duncan-Kellog building,
Waterman Katz, C.C. Bartlett Building, Hastings Building are not
considered over water structures under this Master Program.
15.5 Definitions: P to R
Parking Space or Parking Stall
Areas providing for the storage of motor vehicles, including vista-
parking facilities. Excepting however, that this definition shall not
apply to vehicle holding areas necessary to support a publicly operated
ferry system.
Performance Standard
Regulations, which include bulk and dimensional standards that are
applied to the design and function of a development or use.
Permit (or Shoreline Permit)
Any substantial development, variance or conditional use permit, or
revision, or any combination thereof, authorized by the Act (WAC
173-27-030(13)).
Person
An individual, firm, partnership, corporation, association, organization,
agency, or any non-federal entity however designated.
Pier
A fixed, pile-supported structure.
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Pocket Beach
In this Master Program, pocket beach refers to an isolated accretion
beach bordered by shoreline modifications.
Point
A low profile beach promontory, generally of triangular shape whose
apex extends seaward.
Point Hudson Station Buildings
Buildings in the Point Hudson Marina district dating from the 1930’s
when Point Hudson was used as a federal quarantine station or from
the 1940’s when Point Hudson served as a Coast Guard station and
U.S. Army training base.
Pollutant
Any substance that has been or may be determined to cause or tend to
cause injurious, corrupt, impure, or unclean conditions when
discharged to surface water, air, ground, sanitary sewer system, or
storm drainage system.
Port
A center for water-borne commerce and traffic.
Practicable Alternative
An alternative that is available and capable of being carried out after
taking into consideration short-term and long-term cost, existing
technology, options of project scale and phasing, and logistics in light
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of overall project purposes, and having less impacts to
environmentally sensitive areas. It may include using an area not
owned by the applicant that can reasonably be obtained, utilized,
expanded or managed in order to fulfill the basic purpose of the
proposed development.
Priority habitat
A habitat type with unique or significant value to one or more species.
An area classified and mapped as priority habitat must have one or
more of the following attributes:
• Comparatively high fish or wildlife density;
• Comparatively high fish or wildlife species diversity;
• Fish spawning habitat;
• Important wildlife habitat;
• Important fish or wildlife seasonal range;
• Important fish or wildlife movement corridor;
• Rearing and foraging habitat;
• Important marine mammal haul-out;
• Refuge habitat;
• Limited availability;
• High vulnerability to habitat alteration;
• Unique or dependent species; or
• Shellfish bed.
A priority habitat may be described by a unique vegetation type or by
a dominant plant species that is of primary importance to fish and
wildlife (such as oak woodlands or eelgrass meadows). A priority
habitat may also be described by a successional stage (such as, old
growth and mature forests). Alternatively, a priority habitat may
consist of a specific habitat element (such as a consolidated
marine/estuarine shoreline, caves, snags) of key value to fish and
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wildlife. A priority habitat may contain priority and/or non-priority
fish and wildlife.
Priority species
Species requiring protective measures and/or management guidelines
to ensure their persistence at genetically viable population levels.
Priority species are those that meet any of the criteria listed below.
(a) Criterion 1. State-listed or state proposed species. State-listed
species are those native fish and wildlife species legally designated as
endangered (WAC 232-12-014), threatened (WAC 232-12-011), or
sensitive (WAC 232-12-011). State proposed species are those fish and
wildlife species that will be reviewed by the department of fish and
wildlife (POL-M-6001) for possible listing as endangered, threatened,
or sensitive according to the process and criteria defined in WAC 232-
12-297.
(b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations
include those species or groups of animals susceptible to significant
population declines, within a specific area or statewide, by virtue of
their inclination to congregate. Examples include heron colonies,
seabird concentrations, and marine mammal congregations.
(c) Criterion 3. Species of recreational, commercial, and/or tribal
importance. Native and nonnative fish, shellfish, and wildlife species
of recreational or commercial importance and recognized species used
for tribal ceremonial and subsistence purposes that are vulnerable to
habitat loss or degradation.
(d) Criterion 4. Species listed under the federal Endangered Species
Act as either proposed, threatened, or endangered.
Priority Use
The Shoreline Management Act and this Master Program give
preference to shoreline uses that are water-dependent or water-related,
provide public access and recreational use of the shoreline, as well as
other uses which provide an opportunity for substantial numbers of
people to enjoy the shoreline and to single-family residences (See
RCW 90.58.020)
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Proposed, Threatened and Endangered (PTE) Species
Those native species that are proposed to be listed or are listed in rule
by the Washington State Department of Fish and Wildlife as
threatened or endangered, or that are proposed to be listed as
threatened or endangered or that are listed as threatened or endangered
under the federal Endangered Species Act.
Public Access
A means of physical approach to and along the shoreline available to
the general public. This may also include visual approach. Provision
of public access is a not for profit activity.
Public Interest
The interest shared by the citizens of the state or community at large in
the affairs of government, or some interest by which their rights or
liabilities are affected such as an effect on public property or on health,
safety, or general welfare resulting from a use or development.
[WAC 173-27-030(14)]
Public Use
Public use means to be made available daily to the general public on a
first-come, fist-served basis, and may not be leased to private parties
on any more than a day use basis. (WAC 332-30-106)
RCW
Revised Code of Washington.
Recreational Facilities
Facilities such as parks, trails and pathways, campgrounds, and swim rafts
that provide a means for relaxation, play, or amusement. For the purposes of
this Master Program, recreational uses are divided into two categories:
1. Water-dependent (e.g., boating facilities, fishing pier, swim rafts) and
2. Non-water-dependent. Non water-dependent recreational uses are
further divided into three subcategories based on their relative impact to
the shoreline environment:
a. High Intensity recreational uses require substantial development/
land modification or large areas of fertilized lawn. Such uses
may include but are not limited to camp grounds, sport courts
(e.g., tennis/basketball), golf course, sport fields (e.g., ball park),
aquatic center, skateboard park.
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b. Moderate Intensity recreational uses are typified by formal parks
for passive recreation (e.g., Chetzamoka and Pope Marine Parks)
requiring some modification of natural conditions, limited paving
and often including accessory structures (e.g., picnic shelters,
restrooms, viewing galleries, gazebos, playground equipment.
c. Low intensity recreational uses are passive in nature (e.g.,
walking, photography, wildlife viewing) and require very
minimal alteration of natural conditions. Such uses/modifications
may include but are not limited to non-motorized trails, vista
points, wildlife viewing areas, picnic tables and benches.
Recycling Facilities
Recycling facility means a facility for the collection and/or sorting and
storage of recyclable materials generated from domestic or small business
sources, such as bottles, cans, paper, cardboard, aluminum, and plastics. This
definition does not include facilities for the processing of recyclable
materials, which are classified as a manufacturing use. Recycling facilities
are further divided into two categories:
A. Major recycling facilities include facilities primarily dedicated to the
collection, sorting, or purchase and resale of recyclable materials.
B. “Minor recycling facilities include bins or other temporary or permanent
facilities for the collection of small quantities of recyclable materials to be
sorted and/or processed
elsewhere. A minor facility may be accessory to a primary use, such as a
recycling bin at a grocery store parking lot.
Remodel, minor –
A minor remodel neither changes an existing foundation line (i.e., no site
alterations) nor increases the existing square footage of a structure by
more than 25%;
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Repair (See Normal Repair)
Residence (See Dwelling)
Residential Development
The development of land and/or construction or erection of dwelling
units for the purpose of residential occupancy, but not including
occupancy of a transient nature such as in hotels, motels, or time-
sharing condominium uses.
Restaurant
An establishment where food and drink are prepared, served and
consumed primarily within the principal building. Restaurants may
qualify as a water-enjoyment use when located, designed and operated to
assure the public's ability to interact with the shoreline. Water-enjoyment
design elements may include the incorporation of outdoor seating areas
that are compatible with shoreline public access. Drive-thru
restaurants are not considered water-enjoyment uses and are prohibited
in the shoreline designation.
Restore," "restoration" or "ecological restoration"
Means the reestablishment or upgrading of impaired ecological
shoreline processes or functions. This may be accomplished through
measures including, but not limited to, revegetation, removal of
intrusive shoreline structures and removal or treatment of toxic
materials. Restoration does not imply a requirement for returning the
shoreline area to aboriginal or pre-European settlement conditions
(WAC 173-26-020(27)).
Restoration of ecological functions and values, above and beyond that
which may be required as mitigation for project impacts, are
considered a water-dependent use under this master program.
Retrieval Lines
A system by which a float or other floating object is retrieved to a pier,
dock, or shoreland.
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Revegetation
The planting of vegetation to cover any land areas that have been
disturbed during construction. This vegetation shall be maintained to
insure its survival and shall be consistent with planting requirements of
the Port Townsend Landscape Code.
Revetment
A revetment is a sloped shoreline structure built to protect an existing
eroding shoreline or newly placed fill against currents and wave
action. Revetments are most commonly built of randomly placed
boulders (riprap) but may also be built of sand cement bags, paving, or
building blocks, gabions (rock filled wire baskets) or other systems
and materials. The principal features of a revetment, regardless of
type is a heavy armor layer, a filter layer, and toe protection. See also
“bulkheads.”
Riprap
A layer, facing, or protective mound of stone placed on shoulders,
slopes, or other such places to protect them from erosion, scour, or
sloughing of a structure or embankment; also, the stone so used.
Rock Weir
A structure made of loose rock that is designed to control sediment
movement, water flow, or both. A rock weir adjacent to a shoreline is
typically formed by placing rock in a line outward from the shore, with
the top of the rock embankment below the water level to restrict
current movements parallel to the shore without completely blocking
flow.
Runoff
Water that is not absorbed into the soil but rather flows along the
ground surface following the topography.
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15.6 Definitions S to T
Sediment
The fine-grained material deposited by water or wind.
SEPA
See State Environmental Policy Act.
SEPA Checklist
A checklist is required of some projects under SEPA to identify the
probable significant adverse impacts on the quality of the environment.
The checklist will also help to reduce or avoid impacts from a
proposal, and help the responsible governmental agency decide
whether a full environmental impact statement (EIS) is required (WAC
197-11-960).
Scientific, Cultural and Educational Facilities
Those sites, structures, or facilities that provide unique insight into our
natural and cultural heritage.
Sea wall
A bulkhead, except its primary purpose is to artificially armor the shore from
erosion by water waves and it may incidentally retain uplands or fills. Sea
walls are usually more massive than bulkheads or revetments because they
are designed to resist the full force of waves.
Second Class Shoreland
Land bordering on the shore of a navigable lake or river not subject to tidal
flow, between the line of ordinary high water and the line of navigability and
within or in front of the corporate limits of any city or within two miles
thereof upon either side.
Second Class Tideland
Land over which the tide ebbs and flows outside and more than two miles
from the corporate limits of any city from the line of ordinary high tide to the
line of extreme low tide.
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Setbacks
“Setback (yard requirements)” means the distance between a building
and its lot lines. Setbacks shall be measured, where applicable, from
building lines to the proposed or actual public or private street right-
of-way lines.
Shoreline Environment Setbacks – the distance between a building or
use and the ordinary-high water-mark (OHWM) as established for
each specific environmental designation under Chapter 5of this Master
Program.
Shall
"Shall,” indicates a mandate; the particular action must be done.
Shore Defense Works
Structures or modifications for the purpose of retarding shore erosion from
waves or current action, protecting channels and harbors from wave action,
encouraging deposition of beach materials, preventing stream bank overflow,
and retaining uplands. They may consist of bulkheads, seawall, dikes,
revetments, breakwaters, jetties, groins, or gabions. Defense works are
commonly constructed from quarry rock (rip-rap), treated wood, concrete,
steel, and sand and gravel.
Shoreland Areas or Shorelands
Those lands extending landward for two hundred (200) feet in all
directions as measured on a horizontal plane from the ordinary high
water mark, including all wetlands associated with the shoreline which
are subject to the provisions of this chapter; the same to be designated
as to location by the Washington Department of Ecology.
Shoreline Administrator
See Administrator.
Shoreline Environment(s)
See Environment
Shoreline Management Act of 1971
A law passed by the Washington State Legislature in 1971 and ratified
by the voters in 1972 (reference RCW 90.58).
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Shoreline Permit
A permit to conduct a development or use as defined by RCW 90.58
and this Master Program. A shoreline permit means any form of
permission required under RCW 90.58 prior to undertaking activity on
shorelines of the state, including substantial development, conditional
use or variance permits.
Shoreline Setback Line
Unless otherwise indicated within this Master Program, the line which
establishes the limits of all buildings, structures and fencing along the
shoreline. Setback lines are based upon land use patterns while
setbacks associated with buffers are intended to protect critical areas
(See “buffer areas”).
Shoreline setbacks are measured perpendicularly from the ordinary
high water mark (OHWM) to the wall of the structure (s); PROVIDED
that where a structure has not wall, the setback is measured to the
post(s) or, if the structure has no posts, a point that is two (2) feet
under the roof overhang measured from the drip line of the roof.
Shorelines
All the water area of Port Townsend, including reservoirs and their
associated wetlands, together with lands underlying them, except:
a. Shorelines of statewide significance.
b. Shorelines or segments of streams upstream of a point where
the mean annual flow is twenty cubic feet per second or less and
the wetlands associated with such upstream segments.
c. Shorelines on lakes less than twenty acres in size and wetlands
associated with such small lakes.
Shorelines Hearings Board
A state-level quasi-judicial body, created by the SMA, which hears
appeals by any aggrieved party on the issuance of a shoreline permit,
enforcement penalty and appeals by local government on DOE
approval of master programs, rules, regulations, guidelines or
designations under the SMA. See RCW 90.58.170; 90.58.180; and
WAC 173-27-220 and 173-27-290.
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Shorelines of the State
The total of all shorelines and shorelines of statewide significance.
Shorelines of Statewide Significance
A shoreline of the state with respect to the City of Port Townsend as
identified as follows: Those areas of Puget Sound and the Strait of
Juan de Fuca and adjacent salt waters north to the Canadian line and
lying seaward from the line of extreme low tide.
Sign
Any visual communication device, structure, placard or fixture that
uses color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public. For the
purpose of this chapter, a sign is not considered to be building or
structural design, but is restricted solely to graphics, symbols or
written copy that is meant to be used in the aforementioned way.
However, a sign shall not include the following:
a. Official notices authorized by a court, public body or public
officer.
b. Direction, warning, or information sign authorized by federal,
state, or municipal authority.
c. The official flag, emblem, or insignia of a government, school
or religious group or agency.
d. A memorial plaque or tablet, or cornerstones indicating the
name of a building and date of construction, when cut or carved
into any masonry surface or when made of bronze or other
incombustible part of the building or structure. (See also
“Advertising.”)
Single-family dwelling – see “Dwelling, single-family”
SMA
See Shoreline Management Act.
Soil Bioengineering
An applied science that combines structure, biological and ecological
concepts to construct living structures that stabilizes the soil to control
erosion, sedimentation and flooding using live plant materials as a
main structural component.
Solid Waste
Solid waste includes all putrescible and nonputrescible solid and
semisolid wastes, including garbage, rubbish, ashes, industrial wastes,
wood wastes and sort yard wastes associated with commercial logging
activities, swill, demolition and construction wastes, abandoned
vehicles and parts of vehicles, household appliances and other
discarded commodities. Solid waste does not include sewage, dredge
material or agricultural or other commercial logging wastes not
specifically listed above.
Spit
A narrow point of land extending into a body of water.
State Environmental Policy Act, (SEPA)
SEPA requires state agencies, local governments and other lead
agencies to consider environmental impacts when making most types
of permit decisions, especially for development proposals of a
significant scale. As part of the SEPA process, EISs may be required
to be prepared and public comments solicited.
Stream
A body of running water; especially such a body moving over the
earth's surface in a channel or bed, as a brook, rivulet, or river.
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Structure
A permanent or temporary edifice or building, or any piece of work
artificially built or composed of parts joined together in some definite
manner on, above, or below the surface of the ground or water, except
for vessels.
Substantial Development
Any development that:
a. The total cost or fair market value exceeds $5,000; or
b. Materially interferes with the normal public use of the water or
shorelines of the state except as specifically exempted pursuant
to Section 2.4, Uses Not Constituting Development and
Exemptions from Substantial Development Permit
Requirements.
Swamp
A lowland region saturated with water [ref. WAC 173-22].
Temporary building or structure
A building or structure not having or requiring permanent attachment
to the ground or to other structures.
Temporary use
A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of such time. Such uses do
not involve the construction or alteration of any permanent structure.
Top of Slope
The top of slope is a distinct, topographical break in slope that
separates slopes inclined at less than forty percent (40%) from slopes forty
percent (40%) or steeper. When no distinct break exists, the top of slope is the
upper most limits of the area where the ground surface drops ten (10) feet or more
vertically within a horizontal distance of twenty-five (25) feet.
Toe of Slope
The toe of slope is a distinct topographical break in slope that
separates slopes inclined at less than forty percent (40%) from slopes forty
percent (40%) or steeper. When no distinct break exists, the toe of slope of a steep
slope is the lowermost limit of the area where the ground surface drops ten (10)
feet or more vertically within a horizontal distance of twenty-five (25) feet.
Tombolo
A causeway-like accretion spit connecting an offshore rock or island
with the main shore.
Truck Maneuvering Area
An area of a site used by trucks for turning and backing or for access
to loading/unloading areas.
15.7 Definitions: U to Z
Upland
The area above and landward of the ordinary high water mark.
Use or Use Activity
The purpose or activity for which the land, or building thereon, is
designed, arranged or intended, or for which it is occupied or
maintained and shall include any manner of performance or operation
of such activity with respect to the provision of this title. The
definition of "use" also includes the definition of "development."
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Utility
A service or facility that produces, transmits, stores, processes, or
disposes of electrical power, gas, water, sewage, communications, oil,
and the like Utilities have been categorized in this master program as
primary, accessory, and personal wireless facilities:
a) Primary utilities are services and facilities that produce,
transmit, carry, store, process or dispose of power, gas, water,
sewage, communications (excepting wireless facilities, see
below), oil and the like. For example: sewage treatment plants
and outfalls, public high-tension utility lines, power generating
or transfer stations, gas distribution lines and storage facilities.
b) Accessory utilities are small-scale distribution services directly
serving a permitted shoreline use. For example, power,
telephone, cable, communication antennas, water, sewer lines,
including stormwater systems.
c) Personal wireless facilities meaning any unstaffed facility
for the transmission and/or reception of personal wireless
services. This can consist of an equipment shelter or cabinet, a
support structure or existing structure used to achieve the
necessary elevation, and the antenna or antenna array.
Variance
A means of granting relief from specific bulk, dimensional or
performance standards set forth in the applicable master program to a
particular piece of property, which property, because of special
circumstances is deprived of privileges commonly enjoyed by other
properties in the same vicinity and environmental designation, and not
a means to vary from the permitted uses of a shoreline. Reasonable
use exceptions authorized by Chapter 19.05, in shorelines of the state
also require approval of a shorelines variance.
Vegetation Removal
The removal or alteration of trees, shrubs, and/or ground cover by
clearing, grading, cutting, burning, chemical means, or other activity
that causes significant ecological impacts to functions provided by
such vegetation. The removal of invasive or noxious weeds does not
constitute significant vegetation removal. Tree pruning, not including
tree topping, where it does not affect ecological functions, does not
constitute significant vegetation removal.
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Chapter 15 - Definitions
Vegetation Stabilization
Planting of water-loving land vegetation upon shoreline banks, slopes,
or berms to retain soil and retard erosion from surface run-off; planting
of aquatic vegetation offshore to reduce wave action and retain bottom
materials; and utilizing temporary structures or netting to enable plants
to establish in unstable areas.
Vessel
Ship, boat, barge, or any other floating craft that is designed and used
for navigation and does not interfere with the normal public use of the
water.
Waste Disposal
Refuse composed of garbage, rubbish, ashes, dead animals, demolition
wastes, automobile parts, and similar material.
Water-dependent Use
A use or a portion of a use, which, as its primary characteristic, cannot
exist in any other location than on the water because it is dependent on
the water by the intrinsic nature of its operations. Examples of a
water-dependent uses include marinas, docks that support marinas, on-
the-water recreational programs or small vessels that require in-water
moorage, hand-launch or small boat launch sites, ferry and passenger
ship terminals, ship or boat building areas, associated haul out
facilities and dry docking, float plane facilities and sewer facilities.
Activities and development undertaken for the purpose of restoring
ecological functions and values, or enhancing shoreline habitat are also
considered water-dependent under this Master Program.
Water-enjoyment Use
A shoreline recreational use such as a park, pier, or other use that
facilitates public access to the shoreline as a primary character of the
use; or, a use that provides for passive/active recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people
as a general character of the use and which, through location, design
and operation assure the public's ability to enjoy the physical and/or
aesthetic qualities of the shoreline.
In order to qualify as a water-enjoyment use, the use must be open to
the public and most if not all of the shoreline oriented space within the
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Chapter 15 - Definitions
project must be devoted to the specific aspects of the use that foster
shoreline enjoyment.
Water-enjoyment uses may include, but are not limited to, shoreline
shoreline parks, public access piers or other improvements (e.g.,
walkways or boardwalks) facilitating public access to the shorelines of
the state or that foster the public’s awareness and understanding of the
shorelines of the state (e.g., shoreline or maritime-related museums,
and scientific/ecological reserves).
Other uses, including mixed-use developments, may qualify as water-
enjoyment uses if they include a mix of more than one of the general
water-enjoyment uses designed to take advantage of a waterfront
location, protect views of the water, enhance pedestrian traffic, and
display and sell merchandise oriented to marine uses or other office
and research functions contributing to marine activities. Examples
may include those uses listed in the following table:
WATER-ENJOYMENT USES
Ecological and Scientific Reserves
Waterfront Parks
Beaches for Public Use
Aquariums Available to the Public
Museums - Marine Oriented or Natural History
Museums
Restaurants
Retail businesses housed in mixed use projects
designed to take advantage of a waterfront location,
protect views of the water and enhance pedestrian
traffic, and which display and sell merchandise
oriented to marine uses, including but not limited to:
a. Fishing tackle
b. Marine maps, books, magazines, catalogues
c. Marine oriented provisions and clothing
Water-oriented Use
A use or a portion of a use which is either a water-dependent, water-
related, or water-enjoyment use, or any combination thereof. All uses
which do not meet the definition of water-dependent, water-related, or
water-enjoyment are classified as non-water-oriented uses.
Water-related Use
A use or portion of a use that is not intrinsically dependent on a
waterfront location, but whose operation cannot occur economically
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Chapter 15 - Definitions
without a shoreline location. Water-related uses contribute to the
marine trades, maritime educational uses or maritime heritage uses or
activities of a particular shoreline designation because of the
following:
a. A functional requirement for a waterfront location, such as the
arrival or shipment of materials by water (e.g., fish processors),
or the ability to work on boats that are moored in a marina (e.g.,
sail lofts, riggers, boat repair) or;
b. The use provides a necessary service supportive of the water-
dependent, water-related commercial activities and the
proximity of the use to its customers and marine trades
businesses makes its services less expensive and more
convenient. Examples include marine chandleries or marine
hardware stores, boat shops, marine electrical services, marine
metal work or fabrication, or manufacturers of boat parts or
supplies that are necessary for a viable marine trades economy;
or
c. The use provides marine-related services necessary to serve in-
water marinas and on-land boatyards that provide a cluster of
marine-related businesses that derive an economic benefit from
close proximity to one another. Examples include boat dealers
and brokers, marine surveyors and marine architects, moorage
offices, shower and laundromat facilities for moorage guests,
and specialized professional services to support the marine
trades; or
d. The use provides maritime educational or maritime heritage
activities that strengthen the city’s marine trades businesses by
providing a cluster of activities that support water-dependent
uses, water-related uses and marine-related services. Examples
include yacht or sail club facilities, diving shops with classes
and/or rentals, recreational services that promote on-the-water
activities (e.g., kayak rentals) and interpretive and educational
facilities that provide demonstration areas or classrooms for
marine trades or marine-related ecology or educational
workshops, seminars or classes (e.g., vocational boat schools or
maritime educational centers).
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Watershed Restoration Plan
A plan, developed or sponsored by the Department of Fish and
Wildlife, the Department of Ecology, the Department of Natural
Resources, the Department of Transportation, a federally recognized
Indian tribe acting within and pursuant to its authority, a city, a county,
or a conservation district that provides a general program and
implementation measures or actions for the preservation, restoration,
re-creation, or enhancement of the natural resources, character, and
ecology of a stream, stream segment, drainage area, or watershed for
which agency and public review has been conducted pursuant to
chapter 43.21C RCW, the State Environmental Policy Act.
Wetlands or Wetland Areas
Areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-
lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result
of the construction of a road, street, or highway. Wetlands may
include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands if permitted by the City
(RCW 36.70A.030(20)).
Wireless Facilities – See “Utility”
Appendix A
OFFICIAL SHORELINE ENVIRONMENT
DESIGNATIONS
Shoreline Environment
Shoreline Master Program
No Scale 02/15/2006 Page 1 of 8
S
TATEOF WASH I N TG O N
S
E
N
D
W
N
OTTROP
YTIC
O F
Source: Shoreline Environments, City of Port Townsend (2005) Aerial Photo, Walker & Associates (2004)
Shoreline Environment
City Limits
STRAIT OF JUAN DE FUCA
ADMIRALTYINLET
P O RT TO
W NSE ND BA Y E
Natural
Environment Designations
Conservancy
Shoreline Residential
Urban
Historic Waterfront
Point Hudson Marina
Boat Haven Marine Trades
Maritime Heritage Corridor
Marina
Point Hudson East
Main Boat Basin
Northeast Boat Basin
Boat Haven Marina Expansion Area
Kah Tai Lagoon
Chinese Gardens
Within the Port Townsend shoreline jurisdiction, the waters of Puget Sound
and Strait of Juan de Fuca lying seaward from the line of extreme low tide
are designated as shorelines of statewide significance.
NOTE:
Appendix B
VIEW CORRIDORS
F
SIMS
12TH
WATER
HASTINGS
19TH
LAWR
E
N
C
E
SH
E
R
I
D
A
N
T
Y
L
E
R
DISCOV
E
R
Y
SA
N
J
U
A
N
M
O
N
R
O
E
MC
P
H
E
R
S
O
N
UMATILLA
W
A
L
K
E
R
CH
E
R
R
Y
J
A
C
K
S
O
N
SA
N
J
U
A
N
SH
E
R
I
D
A
N
DIS
C
O
V
E
R
Y
SH
E
R
I
D
A
N
CH
E
R
R
Y ECITY OF
PORT TOWNSEND
CONCEPTUAL
VIEW CORRIDORS
Direction Of View
S.R. 20 View corridors delineated hereon, originally developed in the Urban Waterfront Plan (1990)
and the Gateway Development Plan (1993), formed the basis of height limitations codified in
Chapters 17.27 Boat Haven Height Overlay and 17.28 Special Height Overlay of the Port
Townsend Municipal Code (PTMC).
To the extent that the view corridors have not been implemented through height limitations in
the PTMC (i.e, for those areas lying generally between Van Buren and Haines Streets),
protection of view corridors would be considered during review of permits for development.
View corridors would be considered in the context of application of other City policies and to
the extent protection does not violate legal principles. Means of protecting view corridors may
include, but are not limited to, modulation of building heights and massing.
NOTE:
Orig ina ted in
UW P (199 0)
Orig ina ted in
UW P (199 0)
I m p leme
n
t
e
d thro
ugh Spec ial
Heig ht O v erla y 17.2
8
PT MC
Originated in Gateway Development
Plan (1993), Implemented through Boat
Haven Height Overlay 17.27 PTMC
Appendix C
SPECIAL HEIGHT OVERLAY
Chapter 17.28 Port Townsend Municipal Code
Appendix D
POINT HUDSON STATION BUILDINGS
(rev. 6/19)
Appendix E
Critical Areas Ordinance 3198
As codified in
Chapter 19.05 Port Townsend Municipal Code
Appendix F
CRITICAL SALTWATER HABITATS
APPENDIX F
Critical Saltwater Habitats
Kelp beds, eelgrass beds, herring spawning areas, smelt spawning areas and other critical
salt water habitats are designated as “critical areas” in WAC 365.190.080(5)(a)(4). The
guidelines for classifying critical areas also include commercial and recreational shellfish
areas. The Department of Fish and Wildlife has identified the following four critical
areas (kelp beds, eelgrass beds, herring spawning areas, smelt spawning areas) and the
habitats of several other salt water fish as salt water habitats of special concern. These
additional habitats include Pacific sand lance spawning beds, rock sole spawning beds,
rockfish settlement and nursery areas and lingcod settlement and nursery areas.
Critical salt water habitats are:
a. Kelp beds, which are members of the brown algal family Laminariales, including:
· Alaria marginata
· Alaria nana
· Alaria tenuifolia
· Egregia menziesii
· Eisenia arborea
· Pterygophora californica
· Agarum cribosum
· Agarum fimbriatum
· Costaria costata
· Cymathere triplicata
· Hedophyllum sessile
· Laminaria spp.
· Pleurophycus gardneri
· Dictyoneuropsis reticulata
· Dictyoneurum californicum
· Lessioniopsis littoralis
· Macrocystis integrifolia
· Nereocystis luetkeana and,
· Postelsia palmaformis
Kelp beds are found in marine and estuarine intertidal and subtidal areas with a depth of
up to 15 meters below mean lower low water (MLLW). The beds can be found on
various bottom materials including rocks, boulders, mixed-fines (mixed sand and mud
with little gravel), mixed coarse (mixed cobbles, gravel, shell and sand) and cobble.
b. Eelgrass beds (Zostera spp). Eelgrass beds are found in marine and estuarine
intertidal and subtidal areas. Zostera marina tends to favor the lower parts of the
intertidal areas and Zostera japonica the higher elevations. Zostera spp. are generally
found no deeper than 4 meters below mean lower low water (MLLW). Zostera spp. beds
can be found on muddy bottoms, sandy bottoms as well as mixed-fine sand bottoms.
c. Surf smelt (Hypomesus pretiosus) spawning beds. Surf smelt spawning beds are
located in the upper portions of sand or gravel beaches within the intertidal areas.
d. Pacific herring (Clupea harengus pallasi) spawning beds. Pacific herring
spawning beds include the lower portions of salt water beaches within the intertidal areas,
eelgrass beds, kelp beds and other types of salt water vegetation.
e. Pacific sand lance (Ammodytes hexapterus) spawning beds. Pacific sand lance
spawning beds are located in the upper portions of sand or gravel beaches within the
intertidal areas.
f. Rock sole (Lepidopsetta bilineata) spawning beds. Rock sole spawning beds are
located in the upper and middle portion of sand or gravel beaches within the intertidal
areas.
g. Rockfish (Sebastes spp.) settlement and nursery areas. Rockfish settlement and
nursery areas are located in kelp beds, in eelgrass beds and on other types of salt water
vegetation.
h. Lingcod (Ophiodon elongates) settlement and nursery areas. Lingcod settlement
and nursery areas are located within the intertidal areas and subtidal areas with sand beds,
eelgrass, subtidal worm tubes or other bed materials.
i. Shellfish beds. The following shellfish beds are included:
· Pacific oyster (Crassostrea gigas)
· Olympia oyster (Ostrea lurida)
· Razor clam (Silqua patula)
· Native little neck clam (Protothaca staminea)
· Manila clam (Venerupis japonica)
· Butter clam (Saxidomus giganteus)
· Geoduck (Panope generosa)
· Horse clam (Scizothaerus nuttalli, Scizothaerus capax)
· Cockle (Clinocardium nuttalli)
· Macoma (Macoma spp.)
· Eastern soft shell clam (Mya arenaria)
j. Commercial and recreational shellfish beds, mud flats, and intertidal habitats with
vascular plants.
For Updates
Information on priority species and habitats, species of concern and federally listed
marine species can be accessed at the following web sites.
• http://www.wa.gov/wdfw/wlm/diversty/soc/concern.htm
• http://www.wa.gov/wdfw/hab/phspage.htm
• Puget Sound Chinook - http://www.nwfsc.noaa.gov/pubs/tm/tm35/index.htm.
• Hood Canal Summer chum - http://www.nwfsc.noaa.gov/pubs/tm/tm35/index.htm
and http://www.wa.gov/wdfw/fish/chum/chum.htm.
• Federally protected marine fishes, plants, invertebrates and marine mammals -
http://www.nmfs.noaa.gov/prot_res/prot_res.html.
• http://www.wa.gov/wdfw/wlm/diversty/soc/endanger.htm
• http://www.wa.gov/wdfw/wlm/diversty/soc/soc.htm
• http://www.wa.gov/wdfw/fish/forage/forage.htm
Appendix G
PUBLIC ACCESS ENHANCEMENT PROJECTS
Final – February 14, 2007
Page 1
Appendix G – Shoreline Enhancement Projects
Appendix G
Public Access Enhancement
Projects
Introduction
This appendix includes shoreline enhancement projects that were identified in earlier
documents. These are potential public projects, meant to enhance the shoreline or access
to the shoreline. The Waterwalk and the Jackson Bequest below were initially included in
the Urban Waterfront Plan of 1990. The others were all identified in the Comprehensive
Public Access Plan in 1992.
The Waterwalk
The Waterwalk will be a coordinated system of connected pathways, sidewalks,
passageways between buildings, and shoreline access points that increases the amount
and diversity of opportunities for walking and chances for personal discoveries along the
Port Townsend Urban Waterfront. It will provide the public better access along the
waterfront while respecting the rights of private property owners.
In keeping with the special character of Port Townsend, the Waterwalk does not propose
any formal boardwalks or promenades, except along the Boat Haven's Marina. Benefiting
from both a magnificent natural setting, and a rich and historic built environment, there is
no need to introduce over-water access for visitors and residents through structures,
contrived activities or grand architectural statements. Rather, the Waterwalk celebrates
the existing special qualities along the waterfront by coordinating what's there with
modest access improvements. Pedestrian linkages, would take advantage of the many
existing and informal pathways and public access points, by connecting them in a
coordinated Waterwalk system. Signage should be minimized: the trail should be marked
with brass medallions inlaid in the sidewalk and pathways where appropriate; otherwise,
the Waterwalk would meander along the shoreline according to individual desires.
Description
Ideally, the Waterwalk should begin by connecting with the proposed Olympic Discovery
Trail at the southern end of the Port's property. From there the Waterwalk would follow
the abandoned railroad right-of-way and link up to the Port's walkway along the marina,
and would offer a spur trail off to the railroad "Y" or out to Sims Way and the Gateway
bike/pedestrian trail. The Waterwalk would continue along Washington Street throughout
the Boat Haven District and would incorporate shoreline access points by the Aladdin Inn
or Decatur street-end, or until either route connects with the Kearney Street access and
view point.
From the Kearney Street access point, pedestrian access should continue along the
shoreline around Indian Point and back to Water Street, where a designated pedestrian
path, separated from cars by landscaping, continues along the Bluff Narrows via Water
Street to the Ferry Terminal, or by using public stairs to walk along the beach just north
of the Bayview Restaurant.
Acknowledging that many visitors and residents come to Port Townsend via the State
Ferry, the ferry terminal trail head would serve as a pedestrian or bicyclist starting point,
terminus, or rest stop. From the terminal, a ramp or bridge is constructed to provide
access down the waterside of the US Bank and the Port Townsend Plaza. Access
continues along the alley behind the Plaza, where access points along the rip-rap extend
to the water. The Waterwalk continues to the Flagship Landing Park and returns to Water
Street.
The Waterwalk would then continue up Water Street to the north, and offer its users
various points to explore street ends, passageways between buildings, shops, and other
items of interest before coming to the Adams Street-end park. Once again, the Waterwalk
jogs back to Water Street and links to Quincy Street and the Jackson Bequest area.
The Jackson Bequest-City Dock area is the catalyst for enhancing community public
space and pedestrian access. Passengers will disembark from cruise boats and passenger
ferries at the old ferry dock, and people will wander over to City Dock, the Town
Common and either down the Historic District or up to the Northwest Maritime Center
(the old Thomas Oil site) and out to the Point Hudson area. Direct shoreline access is
envisioned from Pope Marine Park, along the Northwest Maritime Center waterfront,
around the Point Hudson Marina, and along the shoreline all the way to Point Wilson,
depending of course, on the fluctuation of the tides.
Final – February 14, 2007
Page 2
Appendix G – Shoreline Enhancement Projects
Final – February 14, 2007
Page 3
Appendix G – Shoreline Enhancement Projects
Design Guidelines
These design guidelines are supplemental to the policies and regulations of the
Shoreline Master Program and should be used as additional guidance when
designing and reviewing waterfront public access projects.
In any properties that abut or are adjacent to the shoreline, development plans should
incorporate the following guidelines in the design of the development:
1. The Waterwalk and its public access areas should be designed so that those who use it
feel comfortable in following the trail, and proceeding at their own pace. It is critical that
the trail user feel that they "belong" on it. This can be reinforced by signage, but signage
should be keep to a minimum.
2. There should be a physical separation of the public and private spaces so that the
public can clearly delineate between the two. This separation can be achieved by
adequate space and through screening such as landscaping or appropriate fencing. In
many locations on the Waterwalk, the existing elevation difference (topography) between
the public trail and adjacent private property can adequately separate public access from
private property. (Note that separation of public and private spaces may not be
appropriate for commercial uses that are open to the public – see the public access section
of the Shoreline Master Program).
3. All public spaces and pathways should be of sufficient size to allow passage regardless
of tide levels. In addition, those who use the trail should be able to stop, linger, and
contemplate the setting.
4. Existing pathways should be integrated into the Waterwalk. Future expansion of the
Waterwalk should recognize that an integral part of the trail is the concept of a
consciously designed "meander".
5. The Waterwalk should be designed in such a way that those who use it feel safe from
such things as industrial activities, and infringement on adjacent private property owners.
6. The design of the Waterwalk should consider measures to protect private property
from trespass, vandalism, and littering.
Conceptual diagram of the potential location of the Waterwalk. The actual
location of trails and paths that contribute to the Waterwalk will depend on
future public and private projects.
Conceptual diagram of the potential trails and view corridors. The actual
location of trails and paths that contribute to the Waterwalk will depend on
future public and private projects.
Final – February 14, 2007
Page 4
Appendix G – Shoreline Enhancement Projects
Final – February 14, 2007
Page 5
Appendix G – Shoreline Enhancement Projects
Jackson Bequest
The Jackson Bequest Sculpture is more than a community treasure; it is a source of
community debate, of what Port Townsend is, has been, or should be. To some it is an
eyesore, to others a gem in the rough. There seems, however, general agreement that the
Jackson Bequest Sculpture could use some "polishing of its edges." This Plan suggests a
possible concept for the renovation of the Jackson Bequest area. Perhaps, more
importantly, it lays out a process and funding opportunities to restore a richness and
vitality to one of Port Townsend's cultural jewels.
The City should begin the process by requesting permission from the artist to renovate
the Jackson Bequest. In recognition of on-going incremental improvement efforts in the
general area of the sculpture by various City agencies, community groups and individual
citizens, a Coordinating Committee should be established to guide the planning process.
The Coordinating Committee should be composed of representatives, including but not
limited to: Friends of City Dock, Parks Commission, Arts Commission, Public Works,
Marine Science Center, Planning and Building Department, Main Street, and the
Jefferson County Historical Society.
The Coordinating Committee should assist with coordinating the individual improvement
projects, such as landscaping, resurfacing of the street area, repair of City Dock, and
renovation of the Tidal Park and Wave Watching Gallery. In addition, the committee
should be charged with fund-raising, public involvement activities, including a 1/2 day
design charrette to develop a concept plan, and presentation to City Council.
The Concept Plan should incorporate informative and "hands on" marine exhibits,
accessible to children. The plan should be oriented to activities that are pedestrian in
nature, tailored to its proximity by the water, and be compatible with the potential for
high visitor use generated by ferries or cruise ship landings. However, the area should be
designed as a community public and meeting space, which could also be used to host
temporary cultural events or festivals such as the artisan's booths for the Wooden Boat
Festival. With proper design and integration of other public improvements, the
renovation of the Jackson Bequest could be the catalyst for the ongoing development of
the Town Common as a community center and focal point.
Final – February 14, 2007
Page 6
Appendix G – Shoreline Enhancement Projects
City Dock/Madison Street End
The Madison Street end is located in the center of the civic district within historic
downtown Port Townsend. This area is the point of entry for many out of town visitors.
Due to the extensive amount of public open space, this area is also often a destination
point for community members and visitors. The area has recently been under a great deal
of review and plans for access improvements have already been considered in the
surrounding areas of Waterfront Place, Pope Marine Park, City Dock, and the Jackson
Bequest Tidal Park.
Recommendations:
• One body, such as the Friends of City Dock, should coordinate all of the
improvement projects in this area to insure consistency.
• Benches, Recycling Bins and signage should be incorporated into the adjacent public
spaces.
• Design should allow movement from event to event (i.e. access to Pope Marine Park
from City Dock and Tidal Park to Pope Marine Park etc.)
Final – February 14, 2007
Page 7
Appendix G – Shoreline Enhancement Projects
Kearney Street
The Kearney Street end is currently obstructed by logs and debris. Although, a small trail
exists to the beach, it is virtually inaccessible to many community members due to the
steep grade and numerous obstacles. The street end does not appear to be a public space
and consequently it does not serve as a access point for pedestrians. The street end does
provide beach access for people who work and live in the area and know of the access
point.
Recommendations:
• Debris removal and clean-up of the street end.
• Discuss the possibility of relocating private parking spaces with neighboring property
owner to allow a greater use of the street end for public purposes.
• Relocate the beach access trail to the center of the street right-of-way, and define the
pathway.
• Provide recycling receptacles.
Final – February 14, 2007
Page 8
Appendix G – Shoreline Enhancement Projects
Gaines Street
The Gaines Street end is not a destination point, but it does provide access to the beach.
Many folks who access the beach at this point follow the water along to neighboring
Indian Point. In the summer months, the Gaines/Water Street area is utilized as a staging
area for overflow ferry traffic.
Recommendations:
• Beach access signage.
• Provide an upland gravel path which connects to the proposed improvements to
Indian Point.
• Provide a ferry traffic lane, and recycling receptacles.
Final – February 14, 2007
Page 9
Appendix G – Shoreline Enhancement Projects
Monroe Street
Monroe Street is bordered by the Northwest Maritime Center (previously the Thomas Oil
site) and the Port Townsend Salmon Club parking area. Although the street is currently
an open, public street end, it is primarily used as a public boat launch.
Recommendations:
• Install public beach access signs.
• Provide a handicapped parking space on Water Street.
Final – February 14, 2007
Page 10
Appendix G – Shoreline Enhancement Projects
Indian Point
The small area of land often referred to by community members as Indian Point is
bordered by Scott, Walker and Front streets. The point provides a prime location for
viewing the Olympic and Cascade mountain ranges as well as Port Townsend Bay and
Indian Island. Pedestrians and motorists currently access the site on a daily basis, and
during the summer months nearby Water Street functions as a holding lane for overflow
ferry traffic. Although the precise locations of the bordering streets are not known at this
time, it appears that Scott Street may be located to provide pedestrian access to Front
Street without the need for use of private lands. Front street is believed to encompass the
tip of the point, and the Walker street end appears to be currently occupied by
dysfunctional vehicles.
Recommended Improvements:
• Obtain a survey to locate surrounding street easements. The location of the streets
will determine what type of access path will be developed to the site. If there is no
access available, the City should begin negotiations with private landowners to
establish an easement to the Front Street right-of-way on the tip of Indian Point.
• Clean up all privately owned encroachments which are currently located within the
three streets right-of-ways.
• Provide off-street parking, recycling receptacles, beach access signage, and gravel
paths to the beach at both Scott and Walker street ends.
• Provide benches near the water's edge on the Scott, Walker and Front Street right-of-
ways.
Final – February 14, 2007
Page 11
Appendix G – Shoreline Enhancement Projects
Adams Street
The Adams Street End is located in the center of the downtown business district.
Currently, passers-by find their way to the beach by weaving through parked cars and
climbing over beach logs. Even though the street end is currently being used for parking,
the area was not included in the Parking Improvement Plan adopted by the City Council
in January of 1990.
Recommended Improvements:
• Parking should be removed from the street end to preserve the view of the water and
to allow easy access to the beach.
• A beach access sign, recycling facilities and benches should be installed upland near
the shoreline.
• The publicly owned lands in this area should be identified, and a complete-site
landscaping plan developed by one group such as the "Port Townsend Foundation."
• A stairway should be installed to facilitate access to the shoreline.
Final – February 14, 2007
Page 12
Appendix G – Shoreline Enhancement Projects
Appendix H
PERMIT DATA SHEET
(WAC 173-27-990, Appendix A)
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