January 2012
Kitsap County Shoreline Master Program (SMP) Update
Frequently Asked Questions
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What is the Shoreline Master Program?
Shoreline master programs carry out the policies of the Shoreline Management Act (SMA) at the local level,
regulating use and development of shorelines. Local shoreline programs include policies and regulations based on
state laws and rules (WAC 173-26), but tailored to the unique geographic, economic, and environmental needs of
each community.
Under the SMA, each town, city and county with "shorelines of the state" must develop and adopt its own
shoreline program. "Shorelines of the state" generally refers to rivers, larger lakes, and marine shorelines along
with their associated shorelands, wetlands, and floodplains.
Updating a shoreline program is a complex and time-consuming process. Most comprehensive updates take two
to three years. When updating their shoreline programs, local governments are required by law to engage and
seek input from the public, interested agencies, and affected tribes.
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What Activities does the SMP apply to?
The SMP applies to new development activity along the shoreline. Existing, legally established development may continue.
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How far from the shoreline does the SMP apply?
The SMP jurisdiction covers all areas of the water, tidelands and bedlands, and the land portion of the shoreline 200’ inland
from the ordinary high water mark. In some cases, the SMP also applies to wetlands associated with an SMP waterbody (for
example, the wetland adjacent to Point No Point Lighthouse in north Kitsap).
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Why do we need to update our SMP? Isn’t the current one working just fine?
In 2003, the state Legislature established new guidelines and set up a timetable for local governments to update
local shoreline master programs. Many programs haven’t been comprehensively updated since the mid 1970s
(Kitsap County’s most recent update was 1999). Since voters passed the Act in 1972, Washington’s statewide
population nearly doubled from about 3.4 million to 6.5 million people. The old shoreline master programs must be
updated to address current conditions, consider new science, and better align with related laws. An effective
shoreline master program update will allow landowners and the public to enjoy the shorelines, while protecting the
natural shoreline functions through a clearer set of standards.
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Why did my Environment Designation change and what does it mean for my property?
The 2003 WAC guidelines provide new Shoreline Environment Designation categories and criteria. Kitsap County has elected
to re-map its shorelines using these new categories and criteria. While local governments had the option of using the current
designation categories, they too would have been adjusted to meet the 2003 guidelines, such as “no net loss of shoreline
ecological functions”.
If your designation has changed, it’s possible that not much has changed regarding what you can do on your property. Please
see the draft SMP Use Activity Matrix for new development activities allowed in each Environment Designation. Kitsap County
has also produced fact sheets for some of the more common shoreline activities (www.kitsapshoreline.org).
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What is the role of the Department of Ecology in this update?
The Shoreline Management Act requires the state to provide “reasonable and adequate” funding for shoreline master program
updates. Ecology gives the money provided and authorized by the Legislature to local governments in the form of grants. For
the past budget cycle (from July 1, 2009, through June 30, 2011), state lawmakers authorized $7.5 million in grants to
jurisdictions in Clark, Clallam, Island, King, Kitsap, Mason, Pierce, San Juan, Skagit, and Snohomish counties to update their
shoreline master programs.
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What is the role of Kitsap County in this update?
Each local government approves its program after a public review and comment period. Local government then forwards the
shoreline master program to Ecology, who reviews it for consistency with state guidelines. Ecology must approve the locally
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approved and submitted master program before it takes effect. To ensure respect for private property rights, local and state
legal authorities are required to review a shoreline program before formal adoption.
Local governments are responsible for starting the shoreline master program planning, deciding which areas are in shoreline
jurisdiction, analyzing the present uses and long-term needs for waterfront lands, and locally adopting a shoreline master
program. Local governments must consult with other agencies, tribal governments, and all individuals interested in developing
their shoreline master programs. Once adopted, local government is the shoreline master program administrator. The local
government reviews new development proposals and uses the permit system to decide what is consistent with state law and
the local program.
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Why did I not receive notification of this update? Has the public been involved?
Kitsap County has previously conducted several outreach efforts including postcard and letter mailings to shoreline property
owners, and press releases that have resulted in front page newspaper stories. In addition, a 20-member citizen Task Force
was formed to advise and provide feedback on draft documents. The Task Force is a well-rounded group, representing
interests from shoreline property owners, tribes, port districts, property rights and environmental groups. With completion of
the preliminary draft document, the County will conduct additional public outreach for review and feedback. Please visit the
SMP website at www.kitsapshoreline.org for updated information or to submit comments.
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What will happen if the County refuses to update its SMP?
Once a jurisdiction is mandated by the state schedule to begin updating their Shoreline Master Program, they
have three years to locally adopt and submit the completed update to Ecology for approval. Ecology is required
by law to prepare and adopt master program updates for any local jurisdiction that fails to update prior to the
deadline established in the law. In that case, much of the opportunity for local determination of how to regulate
shoreline areas would be reduced.
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What are the new shoreline buffers and how do they compare to the existing ones?
Vegetation buffers are categorized by Shoreline Environment Designation. This is also the case under the current SMP,
except that the designation names and mapping criteria have changed. Due the changes in the definitions provided in the
2003 Guidelines, it is difficult to directly compare the existing and newly proposed Designations.
In addition, the existing buffers are generally a “hard line”, meaning there is less recognition of site-specific conditions.
However, under the new proposed flexible buffer system, there is a starting, or Standard Buffer, and a Reduced Standard
Buffer. In the Natural and Rural Conservancy Designations or in Shorelines of Statewide Significance (Hood Canal), the buffer
may be decreased to the Reduced Standard buffer in certain cases, such as constrained lots. In other designations, one may
choose to decrease down to the Reduced Standard buffer through site-specific mitigation options. Please see the Environment
Designations and Buffers fact sheets for more information.
Existing SMP Buffers
Urban: 50’
Semi Rural: 100’
Rural: 100’
Conservancy: 50’
Natural: 100’
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Updated Draft SMP Buffers
High Intensity: 50’
Shoreline Residential: 85’- 50’
Urban Conservancy: 100’-85’
Rural Conservancy: 130’-100’
Natural: 200’-150’
What are the mitigation options for buffer flexibility?
When new development takes place along the shoreline, the proposed buffers are established to balance such activity with
protection of existing shoreline ecological functions. In the more natural areas, such as the Natural and Rural Conservancy
designations, avoidance and minimization must be considered to the greatest extent feasible before developing within the
buffer area. In the more developed areas, such as the Shoreline Residential designation, the proposal would allow for more
up front flexibility with the assumption that such areas are already in a more developed condition.
For either buffer reduction scenario, Kitsap County has drafted a Mitigation Options Table to achieve buffer flexibility without
the need to hire a professional consultant. The table will guide the property owner through mitigation options that balance the
proposed development activity with “no net loss of shoreline ecological functions”. The table provides a list of mitigation
options to choose from, and also allows for alternative proposals from the applicant. Options include replacement (such as
replacing treated wood for approved materials), removal (such as removing shoreline armoring or another structure), and
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addition (such as adding woody material to the beach or other habitat features). Additional options include crediting prior
restoration projects toward mitigation, and off-site or in-lieu fee options. The Mitigation Table also provides specific standards
for vegetation mitigation and impervious surfaces.

Can a home be expanded within the Shoreline Buffer?
Yes, existing homes may generally be expanded within the buffer as long as the expansion does not result in a net loss of
shoreline ecological functions. In order to avoid the need to hire a consultant, the Mitigation Options table referenced above
may also be utilized for expansions in the area between the Standard Buffer and Reduced Standard buffer, similar to new
home construction. In general, expansions parallel or away from the shoreline must be considered before expanding closer to
the shoreline.

Don’t vegetation buffers decrease property values?
Property values are relatively unaffected by buffers. Waterfront property has skyrocketed in value in the past 30 years despite
shoreline buffers of 25 to 125 feet being in place for the same period. Protecting native vegetation along the shoreline may
actually enhance property values by:
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Stabilizing slopes.
Screening adjacent development from view.
Providing attractive landscaping and habitat for wildlife.
Blocking noise and glare from adjacent properties.
What activities are allowed in the buffer?
Activities typically allowed within the buffer include:
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Trails that provide access to the shore.
Water-related and water-dependent structures such as docks and boat storage.
Native plantings that enhance the buffer and aesthetic enjoyment of it.
Some selective trimming of trees to enhance views, provided habitat functions are not affected.
Removing and replacing invasive plants with native species.
These trails, structures, landscaping, and other activities may still require County review, especially if over specified sizes.
However, even if no permit is required, they must still be designed in a manner that also protects the ecological health and
functions of shorelines based on local conditions.

Is my home conforming?
Kitsap County has decided to utilize the bill commonly referred to as “SSB 5451” in drafting “existing development” language
for this SMP update. As such, an existing home within the SMP jurisdiction is considered to be “conforming”. However, if a
homeowner wishes to expand their home within the SMP jurisdiction, that new portion must meet the development standards
of this updated SMP, especially if the expansion occurs within a required buffer area.

Is it true that if my house burns down I can only rebuild it outside of the shoreline buffer?
No, this is not true. If your home burns down, you may rebuild it in the same location and of the same size and configuration
which existed prior to the damage, provided that within six months the application is made for the permits necessary to restore
the structure, and the restoration is completed within two years of receiving the permit.

Will I be required to tear down my existing structures, lawn or garden? Will I be required to mitigate
for them?
No. An updated local shoreline program only applies to new development activities occurring after adoption. There are no
retroactive shoreline master program requirements for legally established uses and development.
January 2012

Will I be able to build a dock?
It depends on what designation the proposal occurs in and whether the proposal can avoid impacts to critical habitat. A preapplication meeting is required for dock proposals in order to assist the applicant in determining such information. Docks,
piers and floats (mooring structures) require a Substantial Development Permit (SDP) in all designations except Natural,
where they are very restricted. If certain critical habitats or species such as eelgrass or forage fish are present, there are
additional aquatic buffers and development standards which must also be met.
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Will I be able to build a bulkhead?
New bulkheads are generally only allowed if there is a demonstrated “imminent risk” to the structure or appurtenance to be
protected. Imminent risk is defined as a threat to the structure within three years, and is typically determined by a qualified
geotechnical consultant. The consultant must also consider other actions, such as drainage improvements, that would prevent
the necessity for a new bulkhead.
If a proposed bulkhead meets the criteria for protection of an existing single-family residence (or certain appurtenances such
as garages, septic drainfields, driveways, etc.), a Shoreline Exemption may be granted. In other cases, a Substantial
Development Permit is generally required for “soft shore armoring” (beach nourishment, vegetation planting, anchoring logs,
etc.), and an Administrative Conditional Use Permit is generally required for “hard armoring” (concrete bulkhead, rock wall,
etc.).
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Are there limits on repairing structures such as homes, bulkheads or docks?
Existing homes within the shoreline buffer, including overwater residences, may undergo normal “maintenance and repair”.
This means that activities which prevent decline or lapse of a legally established structure may occur, so long as they do not
expand the structure. This also applies to in-water structures such as bulkheads and docks. To fully replace an existing
bulkhead with a similar one (greater than 50% replacement), the applicant must first demonstrate that the type of bulkhead is
still necessary. For dock maintenance, deteriorated treated wood must be replaced, as must any tires or un-encapsulated
foam.
Repair and maintenance activities are typically approved through the “Shoreline Exemption” review process.
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Are the tribes or Navy being held to the standards in the SMP?
Areas under exclusive federal jurisdiction may be excluded from the SMP. This includes lands leased to the federal
government for military purposes (Bangor, PSNS). However, the federal Coastal Zone Management Act (CZMA) requires that
Federal agency activities that affect coastal zone land uses, water uses, or natural resources must be consistent with
Washington’s Coastal Zone Management Program. Washington’s approved Coastal Zone Management Program includes the
Shoreline Management Act (SMA).
Indian tribes are sovereign governments, exercising governmental authority within their reservations, therefore the SMP
generally does not apply to any land within reservation boundaries if owned by the tribe. However, if the land within reservation
boundaries is owned in fee by a non-tribal member, the SMP will still apply.

If stormwater is the big issue facing Puget Sound, why do SMP’s tend to focus on residential property
owners?
In 1972, the citizen‐elected Washington State Legislature enacted the Shoreline Management Act to manage, plan and protect
shorelines for the benefit of present and future generations. Stormwater runoff is but one of many elements that must be
considered in the local Shoreline Master Plan. The majority of Kitsap County’s unincorporated area shorelines are utilized for
residential development, contributing to increased impervious surfaces, chemicals, pathogens and vegetation clearing which
can, cumulatively, lead to stormwater runoff problems for Puget Sound and Hood Canal. Kitsap County also has specific
stormwater regulations for development activities located beyond the shoreline jurisdiction (Title 12, Kitsap County Code).