On July 31, 2008, the Washington State Supreme Court ruled in Futurewise v. Western Washington Growth Management Hearings Board (Docket Number 80396-0) that the Western Washington Growth Management Hearings Board was correct in deciding that a change to the Critical Areas Ordinance relating to marine critical areas was a change in the Shoreline Master Plan and needs to be approved by the Department of Ecology. The decision states that regulation of the shoreline jurisdiction (generally 200 feet from original high water mark) shall be managed using the Shoreline Management Act (SMA), and not as critical areas protection using the Growth Management Act (GMA). Since the City of Bainbridge Island’s proposed revision to the Critical Areas Ordinance is being processed using procedures from the GMA, the City Council directed staff to wait until the Supreme Court’s time for petition for reconsideration passed before any further action was taken on the City’s proposed revisions.

 

On August 20, 2008, The Department of Ecology and Community, Trade and Economic Development asked the Supreme Court to reconsider the decision ( http://www.ecy.wa.gov/news/2008news/2008-233.html). As a result of this action, the City Council has again directed the staff to stop work on this revision until the Supreme Court responds to the petition for reconsideration.

 

 

A petition was filed with the Central Puget Sound Growth Management Hearings Board challenging the legality of the City's revised Critical Areas ordinance (CAO). The primary issue raised in the petition is whether the protections afforded by the City's CAO and the Shoreline Management Master Program provide adequate protection to the marine critical areas of Bainbridge Island.

 

The City contracted with Battelle Marine Science Laboratory to study the matter and determine if the current CAO ordinance was consistent with best available science requirement (WAC 365-195-900 through WAC 365-195-925)("BAS"). The resultinlg Battelle report concludes that utilizing the Shoreline Management Master Program in the CAO as the document for managing marine critical areas is not consistent with said BAS requirement.

 

 

--Marine Critical Areas Map

--Best Available Science Consistency Review - Summary Report

--Potential Inconsistencies - Battelle Report

--Protecting Nearshore Habitat and Functions in Puget Sound - Interim Guide

--Nearshore Assessment Best Available Science

--B.I. Nearshore Characterization & Assessment

--Marine Critical Areas Protection Matrix

--Additional Shoreline Buffers

 

Schedule of Current Activity:
Please check the calendar to verify meeting dates and times.

 

 

 

--Staff Memo to Mayor and City Council

--Draft Ordinance 2008-12

 

 

--Regulatory Guidance Interim Guide  (Selected Excerpts)

 

--Staff memo to Mayor and City Council

 

City Council Meeting 03/28/07
--Staff Memo to Mayor and City Council

 

Last Updated:  10/8/2008 10:29:08 AM