The following summary provides an overview of the shoreline master program (SMP or program) contents with a brief explanation of its general format and procedures. Readers should refer to the introduction for additional information on the history and rationale behind shoreline management.

Program Format

The city of Bellingham SMP includes goals, policies and regulations. The SMP is a comprehensive plan for how shorelines should be used and developed over time. Goals, policies and regulations provide direction for shoreline users and developers on issues such as use compatibility, setbacks, public access, building height, parking locations, mitigation, and the like.

The general purpose, goals and policies are found in Chapters 22.01 and 22.02 BMC. Together they provide direction and context for the specific policies and regulations in the program. Policies are broad statements of intention that are generally phrased using words such as “should.” For example, “In-water structures should be constructed with material and treatments that will not impair or degrade water quality.” In contrast, regulations are requirements that are necessary to implement the policies. For example, “Treated pilings are prohibited in Lake Whatcom and Lake Padden.”

Chapter 22.03 BMC describes the shoreline jurisdiction consistent with state regulations as well as the shoreline environment designations that are applied to each shoreline reach. The environment designation section includes information on interpretation, purpose, management policies and general regulations such as buffers. The shoreline designations function similar to zoning districts in that they determine which uses are allowed, which are conditional, and which are prohibited in shoreline areas

Shorelines designated as “shorelines of statewide significance” (SSWS) by the Shoreline Management Act (Chapter 90.58 RCW) are listed in Chapter 22.04 BMC, along with policies for their use. Shorelines of statewide significance are major resources from which all people of the state derive benefit. These areas must be managed to ensure optimum implementation of the Act’s objectives.

Chapter 22.05 BMC explains the types of development the program has jurisdiction over, which activities it recognizes as exempt or nonconforming, and its relationship to other ordinances and laws

Chapter 22.06 BMC contains procedures and review criteria for substantial development permits, conditional use permits and shoreline variances. Chapter 22.07 BMC addresses the administration of the program’s regulations and other legal provisions

General policies and regulations, including uses allowed in required buffers, criteria for maximizing a buffer area as well as the comprehensive policies and regulations for specific shoreline uses such as commercial development, industrial development, recreation, and the like, are described in Chapters 22.08 and 22.09 BMC. Some developments may be subject to more than one of the subsections.

Background Information

The 2004 City of Bellingham Shoreline Characterization and Inventory (SCI) is included as Appendix A.^* The policies and regulations of this SMP are based on the results of the SCI. This shoreline inventory was compiled to meet the requirements in RCW 90.58.100(1) and WAC 173-26-201(2). The city assembled a technical advisory committee consisting of the following state, local, tribal, and nonprofit agencies to assist with the SCI, and provide professional guidance and recommendations:

The city considered plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by tribes and private individuals, and by other organizations dealing with pertinent shorelines of the state. The data sources are identified in the Literature Reviewed section of the SCI.

The SCI identifies data gaps that can be filled over time as resources become available. This will allow the city to build a more complete inventory so that when this SMP is updated or amended in seven years (as is required by state law), new data and information can be used to develop new goals, policies and regulations for shoreline protection.

The SCI includes a Geographic Information System (GIS) database. This GIS will link the inventory information to parcels and applicable goals, policies and regulations, and it will be easily updated as additional data become available. The SCI contains data on:

Also included as part of the city’s SMP update is a restoration plan (Appendix B). Restoration planning is the mechanism to be used by the city to achieve a net gain in ecological functions throughout each watershed. Restoration planning is different than regulatory controls because the latter are developed to maintain “no net loss” of ecological function within shorelines. Regulatory controls can include, but are not limited to, a sequence of mitigation measures and development of setbacks or buffer specifications. The restoration plan is a comprehensive set of restoration objectives and opportunities identified through already completed planning efforts or on a project-by-project basis. Examples include the City of Bellingham Park, Recreation and Open Space Plan (2005), the 1995 Whatcom Creek Trail Master Plan, the Greenways Levies and Programs, and work already identified and completed by the Washington Conservation Crew. While individual project proposals may not achieve full restoration of shoreline areas, restoration planning is intended to identify and prioritize restoration objectives and specify individual restoration projects that can be completed when resources become available.

The city of Bellingham is fortunate that substantial restoration planning efforts have been put forth over the last five to seven years. The Bellingham Bay Demonstration Pilot Project Habitat Documentation Report, the Waterfront Futures Group (WFG) Framework Plan, the Whatcom Creek Environmental Assessment and Restoration Plan (for the pipeline fire), and the environmental resources division of the city’s public works department (to name only a few) all make specific restoration opportunity recommendations. The SMP restoration plan is not intended to take the place of or prioritize itself over these or other already established restoration plans that the city has initiated or completed.

Initial Procedures

If you intend to develop or use lands adjacent to a shoreline of the state as defined in Chapter 22.03 BMC, consult first with the planning department to determine if you need a shoreline permit; they will also tell you about other necessary government approvals.

To find out if your proposal is permitted by the program, first determine which shoreline environment designation applies to your site. Then check to see if the environment designation policies and regulations in Chapter 22.03 BMC allow the proposed use. Your proposal may be permitted outright, allowed only as a conditional use, or prohibited. It may also require a variance.

Although your proposal may be permitted by program regulations or even exempt from specific permit requirements, all proposals must comply with all relevant policies and regulations of the entire program as well as the general purpose and intent of the SMP.

For development and uses allowed under this program, the city must find that the proposal is generally consistent with the applicable policies and regulations, unless a variance is to be granted. When your proposal requires an approval or statement of exemption, submit the proper application to the city’s permit center. Processing of your application will vary depending on its size, value, and features. Contact the planning and community development department at (360) 676-6982 for additional information. [Ord. 2013-02-005 § 2 (Exh. 1)].