City of Bainbridge Island
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Buoy Permitting Frequently Asked Questions
Why does the City regulate buoys?
“The master program is essentially a shoreline Comprehensive Plan with a distinct environmental orientation applicable to shoreline areas and customized to local circumstances.” (City of Bainbridge Island Shoreline Management Master Program, page 2)

The main concerns specifically regarding recreational mooring buoys are environmental and navigational. The City’s regulations address the placement of buoys to mitigate the environmental impacts, such as water quality and damage to eelgrass beds, as well as navigational concerns of location regarding other structures and ways of travel.

Buoys have been considered ‘development’ since the enactment of the Shoreline Management Act of 1971. Due to their (usually) minimal cost, they are often exempt from the requirement to obtain a shoreline substantial development permit. The City of Winslow and Kitsap County both regulated the waters of Bainbridge Island prior to 1991, but did not issue individual statements of exemption. Some other jurisdictions continue to not issue individual statements of exemption for recreational mooring buoys.

In 1996, the City of Bainbridge Island updated the shoreline regulations through the adoption of the Shoreline Management Program in BIMC 16.12, (http://www.mrsc.org/wa/bainbridgeisland/index_dtSearch.html) which required a shoreline substantial development permit or statement of exemption for all development within shoreline jurisdiction, including recreational mooring buoys. The City has since issued several permits and exemptions for recreational mooring buoys, in accordance with BIMC Sections 16.12.340 and 16.12.360.
Does the City have to regulate buoys?
Yes; buoys are considered ‘development’ by the Department of Ecology and the City of Bainbridge Island. If buoys are not identified as a use within an adopted Shoreline Master Program, then they are considered an ‘unclassified use’ and will require a conditional use permit. Currently, buoys are a permitted use except in aquatic conservancies in the City’s adopted Shoreline Master Program.
What is the Programmatic Buoy Permit?
The Programmatic Permit Process does not establish new policies, change existing regulations, or create new permitting requirements for buoys, including but not limited to those established by the Shoreline Master Program, the Anchoring & Mooring Plan or the Harbor Management Plan. The process is simply a programmatic administrative method designed to save citizens time and money, and allow the City to more effectively manage shoreline resources. The Programmatic Buoy Permit allows for buoys (existing or proposed) which meet the criteria of the application to submit for an expedited review.
When does a buoy need the upland property owner’s permission?
Any buoy application (programmatic, shoreline substantial development permit or statement of exemption) on private tidelands or where the swing circle of the vessel will encroach on private tidelands requires the permission of the private tideland owner. If the buoy and the swing circle do not encroach on private tidelands, the City does not require owner signature. The Department of Natural Resources will address any upland property rights with their review.
What buoys will the City consider nonconforming (“grandfathered”)?
Buoys placed within the waters of Bainbridge Island prior to 1996 are considered to be nonconforming development: a shoreline use or structure which was lawfully constructed or established prior to the effective date of the SMP and which no longer conforms to the applicable SMP provisions. Nonconforming uses and structures are allowed to remain and be maintained in accordance with BIMC 16.12.390. The City will implement a form and process for handling those existing buoys with the decision on the Programmatic Buoy Permit. There will be no fee for documenting the nonconforming buoy. Nonconforming buoy owners are not required to obtain a shoreline substantial development permit, statement of exemption or review under the programmatic process.
What documentation will the City consider for nonconforming?
The nonconforming application review does not have specific documentation requirements. This is a conscious decision. Many people have different forms of documentation they will be able to provide showing the existence of buoys (or those which they have ‘inherited’) prior to 1996. In choosing not to require people to show compliance with the Army Corps of Engineers, Department of Ecology or Department of Natural Resources – all who regulated buoys with written permits and authorizations prior to 1996 – the City chose to allow a greater range of buoy owners to document their nonconformity to the City’s regulations. Documentation of existence prior to 1996 can be provided in several forms, such as permits, receipts, pictures with dates or recognizable structures and affidavits. Affidavits are legal personal statements, usually by neighbors or prior owners, which assist in documenting timeframes the current owner sometimes is unaware of, or is unable to otherwise document. Affidavits are usually low on the list for documentation because they rely on memory rather than on records, but can sometimes be useful in supplementing other documentation.
What information will the City use when considering nonconforming applications?
The City will assume that documentation provided by buoy owners has been submitted in good faith. The City will review the documentation of these buoys from a perspective of trying to recognize them as nonconforming, with the goal of not having to repeat the process and providing an official statement of nonconformity. It is expected that individual cases will vary, as people keep different records and have different histories with their properties and buoys. The City’s goal is to have enough information, through what the owner provides and what the City has on file, to have a well-informed position in determining that a buoy was placed prior to 1996 and therefore is existing nonconforming to the current Shoreline Master Program.
 
The City will consider the following information when reviewing an application for nonconforming status, in no particular order. All documentation provided by the applicant, including but not limited to:
  • Permits, leases and/or licenses
  • Receipts
  • Photographs
  • Affidavits
  • Shoreline permits or exemptions within the area
  • Any information provided by Department of Natural Resources, Department of Fish and Wildlife, Army Corps of Engineers and/or Department of Ecology
  • 2003 Nearshore Survey
  • 1992 Shoreline Oblique Photographs
  • 1996 Aerial Photographs
  • 1997 DNR Shoreline Video
  • 2000 Shoreline Oblique Photographs
  • 2002/2004/2006/2007/2009 Aerial Photographs
  • 2006 Shoreline Oblique Photographs
  • 2009-10 Harbormaster Inventory

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