Shoreline Public Access Island County Shoreline Master Program Update June 2011

Public Access Defined as physical or visual Shoreline parks, trails, views, boat launch facilities 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 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 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 Inventory public ROW and utility corridors in shoreline jurisdiction Beach Watchers field check and prepare documentation Unopened ROW evaluated by Island County for suitability for future trail development (Category 5 Permit, Chp. 11.36 KCC) Data collected and added to a future interactive public map tool for public access

Road Ends City of Bainbridge Island Road End Rules 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 Community access only (recorded with plat) Land trust property Conservation easements Public Benefit Rating System Access by permission only

IC Comp. Plan--Parks & Rec. Element Strategies to increase public access (pg. 7-7) 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) 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 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