Shoreline Public Access

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Shoreline Public
Access
Island County
Shoreline Master Program Update
June 2011
Public Access
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Defined as physical or visual
Shoreline parks, trails, views, boat launch
facilities
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Goal of Shoreline Management Act
Public Trust Doctrine
Waters of the state are a public resource owned by
& available to all citizens equally for the purposes of
navigation, conducting commerce, fishing, harvesting
and recreation.
Public Beach Access
Relationship between…
 Upland access - parks, trails, road-ends,
lot or easement (above mean high water)
 Tidelands
- over 60% privately owned
First class tidelands-within or in 2 miles of corporate
limits
Second class tidelands
Lagoon Point Beach Access
How much?
Island County
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214 linear miles of marine shoreline
Approx. 30 % publically accessible in
2009*
*Dept. of Ecology, WA Marine Shoreline Public Access Project, May 2009
Local Documents
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Washington Marine Shoreline Public Access
Project, Dept. of Ecology, 2009
Non-Motorized Trails Plan, Island Co., 2009
Island Co. Comprehensive Plan
Getting to the Water’s Edge, 2006 edition
Public Road Access to Public Tidelands in Island
County, WSU Extension, 1993
Island Co. Shoreline Access Study, 1977 and
1981 supplement
Island County Public Access Locations
2010 SMP Inventory
Map 16
IC Comp. Plan--Public Access Goal
Island Co. SMP, Effective 2001, pg. 3-7
“Expand and encourage the development of safe,
convenient, properly administered, and diversified public
access to publically owned shorelines and tidelands of
Island County in such a manner that intrusions created
by public access will not infringe upon the personal or
property rights of adjacent residents or in other respects
will not have an adverse impact on the environment.”
IC Comp. Plan--Shoreline Access
Goal
Parks and Recreation Element, pg. 7-6
“To increase public access to the county’s shoreline
areas. This goal will require adherence to the goals and
policies set forth in the county’s SMP. In addition, it will
require the identification of sites that have the potential
to be added to the county’s inventory of points of
shoreline access. Finally, strategies which add to public
access opportunities without requiring the purchase of
land should be explored.”
IC Comp. Plan--2001 SMP
Public Access Element, General Development
Policies (pg. 3-7)
1. Respect and protect private rights in shoreline
property when considering public access
development.
2. Encourage the development of public access to all
shorelines of statewide significance, where
appropriate.
3. Encourage commercial and industrial waterfront
development to provide a means for visual and
pedestrian access to the shorelines of the state.
IC Comp. Plan--2001 SMP
Public Access Element, General Development
Policies (pg. 3-8)
4. Encourage the acquisition of suitable upland shoreline
properties to provide access to the public to publically
owned shorelands and tidelands.
5. Locate, design and maintain public access development
so as to protect the environment.
6. Provide for the public’s health, safety, and educational
opportunities when developing public access.
IC Comp. Plan--2001 SMP
Where possible, provide access to publically owned first
and second class tidelands. (Pg. 3-25)
Residential (Pg. 3-33)
Subdividers should be encouraged to provide public
pedestrian access to the shoreline within the subdivision.
Development Guidelines (Pg. 3-42)
Restrict or prohibit public access onto areas which
cannot be maintained in a natural condition under human
uses.
IC Comp. Plan--2001 SMP
Use Requirements:
17.05.130 Commercial Development (Pg. 3-73)
Applications for commercial development shall include provisions for
public visual and/or physical access to the shoreline.
17.05.170 Marinas (Pg. 3-78)
The incorporation of reasonable public access facilities into public
marina design shall be required. Marinas may restrict access to
specific areas for security reasons.
17.05.220 Ports & Water-Dependent Industry (Pg. 3-86)
Port and industrial facilities shall provide public access to shoreline
areas when feasible, taking into consideration public safety, public
health, and security.
17.05.200 Residential Development (Pg. 3-81)
Public access to publically owned shorelines shall be maintained.
IC Comp. Plan--2001 SMP
Residential Development and Access to Shores
and Tidelands (Pg. 3-8)
“One option is to more widely disseminate maps approved
by the Board of County Commissioners showing county
road ends along with any restrictions that need to be
recognized in order to respect private property rights.”
County Road Ends
Kitsap County
Where feasible, provide access to the shoreline at existing
undeveloped public ROW leading to the water. Certain
amenities are needed before ROWs can be developed into
safe public access.
Steps in Process
1. Inventory public ROW and utility corridors in shoreline
jurisdiction
2. Beach Watchers field check and prepare documentation
3. Unopened ROW evaluated by Island County for suitability for
future trail development (Category 5 Permit, Chp. 11.36 KCC)
4. Data collected and added to a future interactive public map tool
for public access
Road Ends
City of Bainbridge Island Road End Rules
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Hours: dawn to dusk
No fires, camping or overnight parking
Removal of plants, wildlife, signs, structures
or damage of any kind prohibited
Animals kept on leash and pet waste removed
Additional Access Mechanisms
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Community access only (recorded with plat)
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Land trust property
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Conservation easements
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Public Benefit Rating System
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Access by permission only
IC Comp. Plan--Parks & Rec.
Element
Strategies to increase public access (pg. 7-7)
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Purchase of properties
Purchase of easements or licenses
Acquisition through transfer or exchange of properties
Acceptance of donations
Acquisition of access as a condition of development
approval
Condemnation (only in very limited special
circumstances)
SMP Requirements
State guidelines (WAC 173-26-221)
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Focus access to public waters from publically-owned
property
Require public access, if feasible, for new
subdivisions that create more than four parcels
Public access improvements for non-water dependent
uses
Public access should not cause a net loss in
ecological functions
Next Steps
1.
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Continue researching and compiling shoreline public
access points with focus on County road ends
Review SMP Public Access goal, policies and use
requirements
Identify opportunities for new access points— What
should be the selection criteria ?
Establish priority for acquisition
Improvements needed for existing and new sites
Operation and Maintenance
Shoreline Public Access
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