City says it’s time to make your mooring buoy legal.

The City of Bainbridge Island has responded to citizen complaints by streamlining the application process for mooring buoys. If you have a buoy, or are planning to install one, it is a good idea to read the following document prepared by the Planning & Community Development Department.

Buoy Permitting History

The City’s Shoreline Master Program (SMP), adopted in Chapter 16.12 of the Bainbridge Island Municipal Code (BIMC), regulates mooring buoys within the waters of Bainbridge Island and has since its adoption in 1996.

Prior to 1996, the City of Winslow (north side of Eagle Harbor) and Kitsap County (everywhere else) regulated mooring buoys but did not require statements of exemption or substantial development permits.

Since November 26, 1996, the City’s SMP has required an application for a shoreline substantial development permit (SSDP) or a statement of exemption (depending on fair market value) for all buoys within the waters of Bainbridge Island. Additionally, the Washington State Departments of Natural Resources and Fish and Wildlife and the US Army Corps of Engineers have also regulated buoys prior to 1996.

Buoys legally installed prior to 1996 are considered existing nonconforming to the current regulations. If established as legally existing prior to the adoption of the SMP, a buoy is not required to obtain an after-the-fact permit/exemption or be removed.

In 2001, the City completed an inventory of shoreline structures, which documented 534 buoys. At the time, City records showed that only a few permits had been issued since 1996. This information, plus stories relayed from the community, indicated that most buoys installed after November 1996 were still being installed without meeting the requirement for a substantial development permit or a statement of exemption.

What is the Programmatic Buoy Application Currently in Process?

As explained above, the City already regulates buoys through the SMP. Throughout the years, the City has received complaints from citizens that the permitting process for buoys is expensive, time-consuming and burdensome. To address these concerns, the City has applied for a Shoreline Substantial Development Permit (SSDP) which would allow for a programmatic buoy permitting process.

Put simply, this is a standardized permit application for all buoys in all waters of Bainbridge Island, which includes an environmental analysis and SEPA determination. Should this application be approved, then the resultant permit would allow all individual buoys that meet the established criteria to undergo a streamlined review process, with reduced costs to individual applicants. This process will be less time-consuming, more appropriately scaled to the needs of the citizens and more efficient for staff.

What if the buoy does not have a permit or statement of exemption?

>> If the buoy existed prior to 1996:

In order to establish your buoy’s existing nonconforming status (“grandfathering”), you will need to provide the City with documentation to establish the buoy as existing in its current location prior to September of 1996. That documentation should be provided with the nonconforming status submittal sheet, which details forms of documentation (such as pictures with dates or recognizable structures; receipts; buoy markings & gps coordinates; affidavits). Once the City reviews the documentation and historic records, should the buoy be found to be legally existing nonconforming the City will issue you a letter confirming the buoy’s nonconforming status.

Maintenance can be performed without obtaining a shoreline substantial development exemption if the criteria of the programmatic permit maintenance review are met. You will simply need to submit the programmatic buoy maintenance form to the City.

>> If the buoy was placed after 1996:

If your buoy was placed in the waters of Bainbridge Island after September of 1996 then it required a shoreline substantial development permit or statement of exemption. If your buoy was placed without a permit or exemption then it must be reviewed through an after-the-fact application.

If your buoy meets the criteria of the programmatic review, you may submit for review under the programmatic permit. If your buoy does not meet the programmatic criteria you may bring the buoy into compliance with the programmatic criteria or you will need to submit a separate shoreline substantial development permit or statement of exemption application. Please contact Katie Jones at (206) 780-3770 or pcd@ci.bainbridge-isl.wa.us to begin this process.

If you do not submit for an after-the-fact application then the City will proceed with code enforcement action to bring the buoy into compliance. This may involve penalties or removal of the buoy.

>> If the buoy does have a permit or statement of exemption:

Congratulations and thank you! You properly placed your buoy in accordance with the City’s Shoreline Master Program. No further action on your part is necessary.

If your buoy meets the criteria of the programmatic permit then you may use the maintenance report forms for your existing buoy rather than obtaining a shoreline substantial development exemption for the repair.

It is important to note that the proposed process is not establishing new policies, changing the regulations that have been in place since 1996, or creating new permitting requirements for buoys. It is only creating a programmatic administrative process (the implementation of the existing SMP) to save the citizens’ time and money and to better manage our shoreline resources.

How the Buoy Application Relates to the HMP (Harbor Management Plan) and the A&MP (Anchoring and Mooring Plan)

The HMP and the A&MP are designed to supplement the SMP through regulation of the mooring and management of vessels in the waters of Bainbridge Island. The HMP and the A&MP are not the mechanisms through which buoys are regulated — that has always been done through the SMP. The proposed programmatic buoy application will not modify or add any new elements to the Anchoring and Mooring Plan or the Harbor Management Plan, and therefore will have no impact on the City’s ongoing work on these plans.

So how does someone apply for a programmatic buoy application and what has the City prepared to help explain the regulations and process?

If the programmatic buoy application is approved, anyone will be able to obtain the programmatic buoy applications either at City Hall or from the City web site. The programmatic buoy application will be simple to fill out with yes/no compliance questions and menus for buoy construction options.

Standard cross sectional plans will be included in the application and a sample site plan with clear instructions on how to prepare a site specific site plan will be provided. City staff will be ready and willing to help with design and process questions and will available for personal permit intake appointments.

Public Outreach

Education about the SMP has been extensive and ongoing, including the requirement to obtain a substantial development permit or statement of exemption for a buoy. The City’s intent to establish a programmatic buoy review has been expressed numerous times including throughout the public processes on the HMP and the A&MP (including to the full Council in October of 2007 and again to the Land Use Committee in February of 2008).

Additionally, in July of 2008 the City’s Senior Planner (who processes most shoreline permit applications) and the City’s Harbormaster both attended the Harbor Commission meeting at the Port Madison Yacht Club, which included discussion on the requirement to obtain a shoreline substantial development permit or statement of exemption prior to buoy placement and the intent to create a programmatic buoy review.

As we progress with the permitting process, we will continue public outreach efforts to ensure that the community understands the purpose and benefits of the proposed programmatic buoy application.

We hope this clarifies for you and any other concerned parties how these plans work together and what the programmatic buoy application is expected to accomplish. In addition, if you have any questions or would like more information, staff would welcome the opportunity to meet with you. Please contact Project Manager, Josh Machen, at 780-3765 or jmachen@ci.bainbridge-isl.wa.us with questions and/or concerns.