Shoreline Public Shoreline Public AccessAccess

Island County Island County

Shoreline Master Program UpdateShoreline Master Program Update

June 2011June 2011

Public AccessPublic Access

Defined as physical or visualDefined as physical or visualShoreline parks, trails, views, boat launch Shoreline parks, trails, views, boat launch facilitiesfacilities

Goal of Shoreline Management ActGoal of Shoreline Management Act Public Trust DoctrinePublic Trust Doctrine

Waters of the state are a public resource owned by Waters of the state are a public resource owned by & available to all citizens equally for the purposes of & available to all citizens equally for the purposes of

navigation, conducting commerce, fishing, harvesting navigation, conducting commerce, fishing, harvesting

and recreation.and recreation.

Public Beach AccessPublic Beach Access

Relationship between…Relationship between… Upland accessUpland access - - parks, trails, road-ends, parks, trails, road-ends,

lot or easement (above mean high water)lot or easement (above mean high water)

TidelandsTidelands - over 60% privately owned- over 60% privately ownedFirst class tidelands-within or in 2 miles of corporate First class tidelands-within or in 2 miles of corporate

limitslimits

Second class tidelandsSecond class tidelands

Lagoon Point Beach AccessLagoon Point Beach Access

How much?How much?

Island CountyIsland County 214 linear miles of marine shoreline214 linear miles of marine shoreline Approx. 30 % publically accessible in Approx. 30 % publically accessible in

2009*2009*

*Dept. of Ecology, WA Marine Shoreline Public Access Project, May 2009*Dept. of Ecology, WA Marine Shoreline Public Access Project, May 2009

Local DocumentsLocal Documents

Washington Marine Shoreline Public Access Washington Marine Shoreline Public Access Project, Dept. of Ecology, 2009Project, Dept. of Ecology, 2009

Non-Motorized Trails Plan, Island Co., 2009 Non-Motorized Trails Plan, Island Co., 2009 Island Co. Comprehensive PlanIsland Co. Comprehensive Plan Getting to the Water’s Edge, 2006 editionGetting to the Water’s Edge, 2006 edition Public Road Access to Public Tidelands in Island Public Road Access to Public Tidelands in Island

County, WSU Extension, 1993County, WSU Extension, 1993 Island Co. Shoreline Access Study, 1977 and Island Co. Shoreline Access Study, 1977 and

1981 supplement1981 supplement

Island County Public Access LocationsIsland County Public Access Locations

2010 SMP Inventory 2010 SMP Inventory Map 16Map 16

IC Comp. Plan--Public Access GoalIC Comp. Plan--Public Access Goal

Island Co. SMP, Effective 2001, pg. 3-7Island Co. SMP, Effective 2001, pg. 3-7

““Expand and encourage the development of safe, Expand and encourage the development of safe, convenient, properly administered, and diversified public convenient, properly administered, and diversified public access to publically owned shorelines and tidelands of access to publically owned shorelines and tidelands of Island County in such a manner that intrusions created Island County in such a manner that intrusions created by public access will not infringe upon the personal or by public access will not infringe upon the personal or property rights of adjacent residents or in other respects property rights of adjacent residents or in other respects will not have an adverse impact on the environment.”will not have an adverse impact on the environment.”

IC Comp. Plan--Shoreline Access IC Comp. Plan--Shoreline Access GoalGoal

Parks and Recreation Element, pg. 7-6Parks and Recreation Element, pg. 7-6

““To increase public access to the county’s shoreline To increase public access to the county’s shoreline areas. This goal will require adherence to the goals and areas. This goal will require adherence to the goals and policies set forth in the county’s SMP. In addition, it will policies set forth in the county’s SMP. In addition, it will require the identification of sites that have the potential require the identification of sites that have the potential to be added to the county’s inventory of points of to be added to the county’s inventory of points of shoreline access. Finally, strategies which add to public shoreline access. Finally, strategies which add to public access opportunities without requiring the purchase of access opportunities without requiring the purchase of land should be explored.”land should be explored.”

IC Comp. Plan--2001 SMPIC Comp. Plan--2001 SMP

Public Access Element, General Development Public Access Element, General Development PoliciesPolicies (pg. 3-7)(pg. 3-7)

1.1. Respect and protect private rights in shoreline Respect and protect private rights in shoreline property when considering public access property when considering public access development.development.

2. Encourage the development of public access to all 2. Encourage the development of public access to all shorelines of statewide significance, where shorelines of statewide significance, where appropriate.appropriate.

3. Encourage commercial and industrial waterfront 3. Encourage commercial and industrial waterfront development to provide a means for visual and development to provide a means for visual and pedestrian access to the shorelines of the state.pedestrian access to the shorelines of the state.

IC Comp. Plan--2001 SMPIC Comp. Plan--2001 SMP

Public Access Element, General Development Public Access Element, General Development PoliciesPolicies (pg. 3-8)(pg. 3-8)

4. Encourage the acquisition of suitable upland shoreline 4. Encourage the acquisition of suitable upland shoreline properties to provide access to the public to publically properties to provide access to the public to publically owned shorelands and tidelands.owned shorelands and tidelands.

5. Locate, design and maintain public access development 5. Locate, design and maintain public access development so as to protect the environment.so as to protect the environment.

6. Provide for the public’s health, safety, and educational 6. Provide for the public’s health, safety, and educational opportunities when developing public access.opportunities when developing public access.

IC Comp. Plan--2001 SMPIC Comp. Plan--2001 SMP

Where possible, provide access to publically owned first Where possible, provide access to publically owned first and second class tidelands. (Pg. 3-25)and second class tidelands. (Pg. 3-25)

ResidentialResidential (Pg. 3-33)(Pg. 3-33)

Subdividers should be encouraged to provide public Subdividers should be encouraged to provide public pedestrian access to the shoreline within the subdivision. pedestrian access to the shoreline within the subdivision.

Development GuidelinesDevelopment Guidelines (Pg. 3-42)(Pg. 3-42)

Restrict or prohibit public access onto areas which Restrict or prohibit public access onto areas which cannot be maintained in a natural condition under human cannot be maintained in a natural condition under human uses.uses.

IC Comp. Plan--2001 SMPIC Comp. Plan--2001 SMP

Use RequirementsUse Requirements::

17.05.130 Commercial Development (Pg. 3-73)17.05.130 Commercial Development (Pg. 3-73)

Applications for commercial development shall include provisions for Applications for commercial development shall include provisions for public visual and/or physical access to the shoreline.public visual and/or physical access to the shoreline.

17.05.170 Marinas (Pg. 3-78)17.05.170 Marinas (Pg. 3-78)

The incorporation of reasonable public access facilities into public The incorporation of reasonable public access facilities into public marina design shall be required. Marinas may restrict access to marina design shall be required. Marinas may restrict access to specific areas for security reasons.specific areas for security reasons.

17.05.220 Ports & Water-Dependent Industry (Pg. 3-86)17.05.220 Ports & Water-Dependent Industry (Pg. 3-86)

Port and industrial facilities shall provide public access to shoreline Port and industrial facilities shall provide public access to shoreline areas when feasible, taking into consideration public safety, public areas when feasible, taking into consideration public safety, public health, and security.health, and security.

17.05.200 Residential Development (Pg. 3-81)17.05.200 Residential Development (Pg. 3-81)

Public access to publically owned shorelines shall be maintained.Public access to publically owned shorelines shall be maintained.

IC Comp. Plan--2001 SMPIC Comp. Plan--2001 SMP

Residential Development and Access to Shores Residential Development and Access to Shores and Tidelands (Pg. 3-8) and Tidelands (Pg. 3-8)

““One option is to more widely disseminate maps approved One option is to more widely disseminate maps approved by the Board of County Commissioners showing by the Board of County Commissioners showing county county road endsroad ends along with any restrictions that need to be along with any restrictions that need to be recognized in order to respect private property rights.”recognized in order to respect private property rights.”

County Road EndsCounty Road Ends

Kitsap CountyKitsap CountyWhere feasible, provide access to the shoreline at existing Where feasible, provide access to the shoreline at existing undeveloped public ROW leading to the water. Certain undeveloped public ROW leading to the water. Certain amenities are needed before ROWs can be developed into amenities are needed before ROWs can be developed into safe public access.safe public access.

Steps in ProcessSteps in Process1.1. Inventory public ROW and utility corridors in shoreline Inventory public ROW and utility corridors in shoreline

jurisdictionjurisdiction2.2. Beach Watchers field check and prepare documentationBeach Watchers field check and prepare documentation3.3. Unopened ROW evaluated by Island County for suitability for Unopened ROW evaluated by Island County for suitability for

future trail development future trail development (Category 5 Permit, Chp. 11.36 KCC)(Category 5 Permit, Chp. 11.36 KCC)

4.4. Data collected and added to a future interactive public map tool Data collected and added to a future interactive public map tool for public accessfor public access

Road EndsRoad Ends

City of Bainbridge Island Road End RulesCity of Bainbridge Island Road End Rules

Hours: dawn to duskHours: dawn to dusk No fires, camping or overnight parkingNo fires, camping or overnight parking Removal of plants, wildlife, signs, structures Removal of plants, wildlife, signs, structures

or damage of any kind prohibitedor damage of any kind prohibited Animals kept on leash and pet waste removed Animals kept on leash and pet waste removed

Additional Access MechanismsAdditional Access Mechanisms

Community access only (recorded with plat)Community access only (recorded with plat)

Land trust propertyLand trust property

Conservation easementsConservation easements

Public Benefit Rating SystemPublic Benefit Rating System

Access by permission onlyAccess by permission only

IC Comp. Plan--Parks & Rec. IC Comp. Plan--Parks & Rec. ElementElement

Strategies to increase public access (pg. 7-7)Strategies to increase public access (pg. 7-7) Purchase of propertiesPurchase of properties Purchase of easements or licensesPurchase of easements or licenses Acquisition through transfer or exchange of propertiesAcquisition through transfer or exchange of properties Acceptance of donationsAcceptance of donations Acquisition of access as a condition of development Acquisition of access as a condition of development

approvalapproval Condemnation (only in very limited special Condemnation (only in very limited special

circumstances)circumstances)

SMP RequirementsSMP Requirements

State guidelinesState guidelines (WAC 173-26-221) (WAC 173-26-221) Focus access to public waters from publically-owned Focus access to public waters from publically-owned

propertyproperty Require public access, if feasible, for new Require public access, if feasible, for new

subdivisions that create more than four parcelssubdivisions that create more than four parcels Public access improvements for non-water dependent Public access improvements for non-water dependent

usesuses Public access should not cause a net loss in Public access should not cause a net loss in

ecological functionsecological functions

Next StepsNext Steps

1.1. Continue researching and compiling shoreline public Continue researching and compiling shoreline public access points with focus on County road endsaccess points with focus on County road ends

2.2. Review SMP Public Access goal, policies and use Review SMP Public Access goal, policies and use requirementsrequirements

3.3. Identify opportunities for new access points— Identify opportunities for new access points— What What should be the selection criteria ?should be the selection criteria ?

4.4. Establish priority for acquisitionEstablish priority for acquisition

5.5. Improvements needed for existing and new sitesImprovements needed for existing and new sites

6.6. Operation and MaintenanceOperation and Maintenance

Shoreline Public AccessShoreline Public Access