Local governments are required, under the Washington State Shoreline Management Act of 1971 through Chapter 173-26 WAC, to develop and assign a land use categorization system of shoreline areas as a basis for effective shoreline master programs. The intent of designating a shoreline environment is to encourage development that will enhance the present or desired character of the shoreline. To accomplish this, segments of shoreline are given an environment designation based on existing development patterns, natural capabilities and limitations, and the aspiration of the local community.
Environment designations are applied to all of the city’s shoreline areas based upon habitat characterization, land use, and location of shoreline buffers. Within the city’s jurisdiction, these include: shoreline residential-1 (SR-1), shoreline residential-2 (SR-2), high intensity (HI), urban conservancy (UC), natural (N) and aquatic (A), as shown on the city’s adopted shoreline maps. The shoreline environment designations do not change or replace the underlying zoning of the affected properties, although they provide more specific requirements and limitations for shoreline uses and modifications in a manner similar to a zoning overlay. Management policies for each environment are in the city’s adopted shoreline master program policies and the comprehensive plan. The environment designations are as follows:
A. 
Shoreline Residential (SR). The shoreline residential environment is intended to accommodate residential development consistent with the city’s shoreline management standards; protect ecological functions and natural habitat, and restoration when feasible; and provide public access and recreational uses, where appropriate. The shoreline residential environment is divided into two subdesignations: shoreline residential-1 (SR-1) and shoreline residential-2 (SR-2).
The shoreline residential-1 environment primarily includes those areas of the shorelands waterward of the established shoreline buffer, and/or on the water side of “buffer interruptions” such as major roads.
The shoreline residential-2 environment primarily includes those areas of the shorelands outside of the established shoreline buffer, and/or on the upland side of “buffer interruptions,” such as major roads. Within these areas, new residential development is permitted according to the applicable shoreline and zoning development standards, with an emphasis on transition from the preservation-oriented focus of SR-1 to adjacent residential development located outside of the shoreline jurisdiction.
Shoreline residential-1 includes the following areas:
1. 
In the Fjord Drive planning segment, the areas of the shoreline residential environment located on the west (waterward) side of Fjord Drive.
2. 
In the Front Street planning segment, areas of the shoreline residential environment that are located either west (waterward) of the shoreline buffer line or on the west (waterward) side of Front Street.
3. 
In the western planning segment, the areas of the shoreline residential environment located east (waterward) of the one-hundred-foot shoreline buffer line.
Shoreline residential-2 includes the following areas:
1.
In the Fjord Drive planning segment, the areas of the shoreline residential environment located on the east side of Fjord Drive.
2.
In the Front Street planning segment, areas of the shoreline residential environment that are located either east of the shoreline buffer line or on the east side of Front Street.
3.
In the estuary planning segment, the areas of the shoreline residential environment located on the east side of Bond Road.
4.
In the western planning segment, the areas of the shoreline residential environment located west of the one-hundred-foot shoreline buffer line
B. 
High Intensity (HI). The high intensity (HI) shoreline environment provides for those areas of existing moderate commercial and mixed commercial/residential development. This environment allows for optimum use of shoreline areas that are presently developed with commercial uses, while seeking opportunities to protect habitat and ecological functions from further degradation. The identified HI areas include the downtown waterfront and an area near the head of Liberty Bay.
C. 
Urban Conservancy (UC). The urban conservancy (UC) shoreline environment preserves existing natural landforms and native shoreline vegetation as much as possible, while promoting public shoreline access, views and recreation along with continuance of existing developed uses. The UC designation applies to several shoreline properties located at the west side of the intersection of Lindvig Way and Bond Road, adjacent to the Dogfish Creek estuary.
D. 
Natural (N). The natural (N) shoreline environment is established to protect and restore shoreline areas that are relatively free from human influence, undeveloped, and/or include intact or minimally degraded shoreline functions that are sensitive to proposed impacts from development. Natural areas within the city include the majority of Fish Park, West Poulsbo Waterfront Park, Net Shed Park, American Legion Park and Nelson Park, that are within zero to one hundred feet of the OHWM of Liberty Bay and/or the estuarine portion of Dogfish Creek.
E. 
Aquatic (A). The aquatic (A) shoreline environment includes the water and lands waterward of the ordinary high water mark within the city’s jurisdiction, including public and private tidelands, state submerged lands, and areas designated as critical saltwater habitat, and the estuarine portion of Dog-fish Creek.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.170; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
The shoreline use table below indicates appropriate shoreline uses in each of the city’s environmental designations, subject to restrictions indicated in Sections 16.08.180 through 16.08.310, and is applicable to the following:
1. 
New development uses or activities. This does not include normal maintenance or repair.
2. 
Redevelopment according to Section 16.08.040(79) of a conforming structure of the same size and within the same footprint as the existing structure. If redevelopment of a nonconforming structure is proposed, the nonconformance regulations in Article VI of this chapter shall apply.
3. 
Expansion of an existing development use or activity above that existing as of the effective date of this master program.
4. 
A change of use between categories of uses as indicated in A. through J. in the shoreline use table.
B. 
The following requirements apply to all proposed uses, activities and developments:
1. 
Uses, activities or development not listed in this section or Section 16.08.180 shall be considered “unclassified” and shall be reviewed and processed as conditional uses.
2. 
If there is any conflict between the shoreline use table and the written provisions of this chapter, or between this chapter and other city regulations, the more stringent requirement or regulation shall apply unless otherwise indicated in this chapter.
3. 
Permitted or conditionally permitted uses or development are allowed only where the underlying zoning also allows such uses or development. For more specific requirements or restrictions pertaining to each use, refer to Title 18 (Zoning Ordinance).
4. 
Accessory uses must be subject to the same shoreline permit process as its primary use, unless explicitly stated otherwise. An accessory use must not be established on a property independent of its primary use.
C. 
Shoreline modifications are addressed in Article V of this chapter, Shoreline Modifications.
D. 
Types of Uses. For the purposes of this chapter, there are five kinds of use:
1. 
P = Permitted, when meeting requirements for that use and shoreline environment; may be subject to shoreline substantial development permit, minor shoreline development permit or shoreline exemption requirements. See Chapter 16.09 for substantial development permit, minor development permit, and shoreline exemption requirements.
2. 
C or MC = Conditional use or minor conditional use, when approved by the city and the Department of Ecology. See Chapter 16.09 for conditional use and minor conditional use permit requirements.
3. 
V = Development may be allowed with a shoreline variance in order to permit reasonable use of the property, through a shoreline buffer and/or setback reduction or other reduction in dimensional standards, per WAC 173-27-170, in addition to any other required shoreline permit or exemption.
4. 
X = Prohibited; the use is not eligible for a variance or conditional use permit.
5. 
N/A = Not applicable in the specific environment, due to the intrinsic nature of the use. For example, a boat slip can only be located in an aquatic environment.
Shoreline Use Table
Refer to Section 16.08.180 for uses prohibited in all shoreline environments.
Refer to Chapter 16.09 for permit application and processing requirements.
For any use not addressed in this table or in Section 16.08.180: refer to subsection (B)(1) of this section.
 
Environment Designations
SR-1
SR-2
HI
UC
N
A
Shoreline Uses
 
 
 
 
 
 
A. Aquaculture
N/A
N/A
N/A
N/A
C1
MC1
B. Commercial (not including marinas, ports and boating facilities)
 
 
 
 
 
 
Commercial use; meets the requirements of Section 16.08.250
X
X7
P
C
X
C2
Commercial use; does not meet the requirements of Section 16.08.250
X
X
X
X
X
X
Accessory commercial—water-related, water-enjoyment or non-water-oriented
MC
MC
P
C
X
X
C. Habitat restoration activities3
P
P
P
P
P
P
D. Marinas (public and private), and other boating facilities4
 
 
 
 
 
 
In-water boat slips, boat moorage
N/A
N/A
N/A
N/A
N/A
P5
Major boat repair and service
X
X
C
X
X
X
Minor boat repair, inspection and service
C
X
P
X
X
P
Liveaboard vessels
N/A
N/A
N/A
N/A
N/A
C5
E. Mixed use (combination of commercial, residential and/or other types of uses)
 
 
 
 
 
 
Mixed use; meets the requirements of Section 16.08.240
X
X8
P
C
X
X
Mixed use; does not meet the requirements of Section 16.08.240
X
X
X
X
X
X
F. Park and recreational facilities, including but not limited to docks and boat launches
C
C
P
P
P
C
G. Parking lots and parking structures, more than four vehicles
 
 
 
 
 
 
Parking lot, associated with an approved multifamily residential development
P
P
N/A
P
N/A
N/A
Parking lot, associated with an approved water-dependent or water-related use
C
C
MC
C
X
N/A
Parking garage, as part of an overall structure containing water-oriented development, or a combination of water-oriented and non-water-oriented development
X
X
C6
X
X
N/A
H. Public services, transportation and utilities
 
 
 
 
 
 
New or expanded public or private roads
C
C
C
C
C
N/A
Public or private primary utilities
C
C
C
C
C
C
Public or private transmission lines
C
C
C
C
C
C
I. Residential
 
 
 
 
 
 
Single-family residential
P9
P
X
X
X
X
Duplex and triplex residential
V
P
X
X
X
X
Multifamily residential, four or more units
V
P
X
X
X
X
Normal residential appurtenance
P
P
X
X
X
X
Accessory dwelling unit
V
P
P
X
X
X
J. Scientific, historical, cultural, and educational research activities
MC
MC
MC
MC
MC
MC
1
Applications for aquaculture will be considered on a case-by-case basis, as reviewed against Policy NE-8.23 in the city’s comprehensive plan and Section 16.08.320.
2
Conditionally permitted only adjacent to upland environments designated HI.
3
If habitat restoration is associated with a shoreline permit for a development plan or mitigation for development/use impacts, the proposed habitat restoration shall be reviewed as part of the shoreline permit for the development/use. Also refer to Section 16.09.120.
4
Also see Article V of this chapter, Shoreline Modifications, for specific requirements for structures within marinas and boating facilities, such as docks and boat launches, and for shoreline modification activities such as dredging.
5
Conditionally permitted only (1) adjacent to upland environments designated HI, or (2) associated with an existing permitted development in the aquatic and adjacent upland environments, or (3) associated with a development plan to be approved through a shoreline permit and/or land use permit for the aquatic and adjacent upland environments.
6
Development associated with the parking garage shall meet the requirements of WAC 173-26-241(3)(d)(i) and (ii) and Section 16.08.290.
7
For properties within the SR-2 environment and C-1/downtown zoning district see Section 16.08.250.
8
For properties within the SR-2 environment and C-1/downtown zoning district see Section 16.08.240.
9
Single-family development, including appurtenances, may be allowed in the SR-1 without a variance if it is consistent with Section 16.08.230(D).
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.180; Ord. 2021-13 § 2 (Exh. A), 2021; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2019-01 § 2 (Att. A (part)), 2019)
The following uses are prohibited in all shoreline environments:
A. 
Agriculture.
B. 
Airplane runway (other than authorized runway in Liberty Bay), storage or service facilities.
C. 
Helicopter landing, storage or service facilities.
D. 
Floating homes.
E. 
Forest practices.
F. 
Industrial uses.
G. 
Mining.
H. 
Radio, electric, telephone and satellite communication towers and relay towers.
I. 
Recycling centers, landfills, and utility production and processing.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.190; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following standards in this section apply to all development, uses and activities within the shoreline jurisdiction that are commenced, constructed, altered or expanded after the effective date of this shoreline master program:
A. 
Shoreline Buffers and Setbacks.
1. 
For the shorelines of Liberty Bay, the shoreline buffer extends one hundred feet from the OHWM. For the Dogfish Creek estuary, the buffer shall be one hundred fifty feet (tidewater/estuarine stream buffer Type 3 stream buffer), as measured from the OHWM or top of bank of that portion of Dogfish Creek within the shoreline jurisdiction, whichever is greater. In general, activities and structures that are not for a water-dependent, water-related, public recreation or public access use are not permitted within a shoreline buffer.
2. 
The building setback for Liberty Bay and the Dogfish Creek Estuary extends twenty-five feet from the outer edge of the buffer. In general, development activities may be permitted in a shoreline building setback, but structures that are not for a water-dependent or public access use may not be located within it.
3. 
Buffer and building setback areas shall be measured from the OHWM and shall extend land-ward on the horizontal plane.
4. 
Uses and development that may be allowed within the A environment or shoreline buffer and building areas include water-dependent or water-related development and uses, public access and recreation facilities, and reasonable use of a highly constricted shoreline property, subject to other restrictions in this chapter and the city code.
5. 
When a shoreline buffer contains an existing legally established public road or private access road, the director may allow development on the landward side of the road without a shoreline permit; provided, that the development will not have a detrimental impact to the shoreline. The applicant may be required to provide a report to describe the impacts. In determining whether a report is necessary, the city shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.
B. 
When calculating lot size, lot coverage, yard setbacks or density, any land area located waterward of the OHWM, such as tidelands, shall not be included.
C. 
Where strict compliance with the shoreline buffer or building setback would result in a regulatory taking of the property based on its zoning and environment designation, a shoreline variance application to reduce the size of the buffer or building setback may be submitted pursuant to the requirements of Section 16.09.170. However, land located entirely waterward of the OHWM, such as tidelands, has no vested development rights, and shall not qualify for relief from those provisions of the shoreline master program regulations preventing development on such areas of land, including, but not limited to, those provisions regarding shoreline variances.
D. 
Public viewsheds and designated public view corridors, as identified according to Section 16.08.360, shall be protected and preserved in all shoreline environment designations.
E. 
Parking.
1. 
New development shall provide the required amount of off-street parking and loading as required by the city zoning standards, or as otherwise indicated in this chapter.
2. 
When an existing structure is expanded, additional residential units are added, and/or its use is changed per Section 16.08.170(A), additional off-street parking and loading shall be provided for the increased gross floor area and/or additional units as required by the city zoning standards, or as otherwise indicated in this chapter.
F. 
Mooring or anchoring (with or without a buoy) on state lands outside of designated harbor areas shall comply with the requirements of WAC 173-26-241(3)(c)(viii) or its successor, and other relevant state law pertaining to time limitations for temporary moorage.
G. 
New shoreline development or redevelopment by public entities, including local governments, port districts, state agencies, and public utility districts, shall include public access unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment.
H. 
New construction of structures waterward of the OHWM shall be limited to locations outside of critical saltwater habitat per WAC 173-26-221(2)(iii)(C) and structures that are permanently limited to water-dependent uses, and it shall be demonstrated that it is essential for the water-dependent use to have the structure located in the critical saltwater habitat area, either in or over the water, in order for the water-dependent use to function correctly. Also see Article V of this chapter, Shoreline Modifications.
I. 
No new development or redevelopment shall be permitted within the stream channel or floodway of Dogfish Creek unless it meets the following exceptions: public access for recreational purposes per Section 16.08.280(D); public utilities, public roads and associated development per Section 16.08.300; or habitat restoration and enhancement activities per Section 16.08.470. Existing structures within the stream channel or floodway that do not meet these exception criteria may be maintained but not expanded, and removed or destroyed structures may not be replaced. Such structures are not eligible for a shoreline variance for expansion or replacement, or for any other exceptions under the nonconforming structures regulations of this chapter. Also see Article VI of this chapter, Nonconformances.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.200; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The creation of new lots or altered lots through subdivision or boundary line adjustment shall comply with the following requirements, in addition to the requirements of Title 17:
A. 
New lots are prohibited in the following circumstances when the lot would not be able to accommodate development or provide a sufficient buildable area consistent with the zoning and environment designation of the lot:
1. 
Where a new lot would not have sufficient buildable area outside geologically hazardous areas;
2. 
Where a new lot would be entirely located within the aquatic, natural, urban conservancy or shoreline residential-1 environment, or would not have sufficient buildable area located outside of these environments;
3. 
Where a new lot would require a critical areas permit or variance to obtain a sufficient buildable area;
4. 
Where a new lot would be located entirely within the one-hundred-year floodplain adjacent to the shoreline or streams within the shoreline jurisdiction, or would not have a sufficient buildable area located outside of the one-hundred-year floodplain.
B. 
In the shoreline residential-2 and high intensity environments, new lots shall contain sufficient buildable area located outside of the shoreline buffer and building setback to accommodate development consistent with the environment designation and zoning.
C. 
The alteration of existing lots through a boundary line adjustment shall not create new nonconformities or increase existing nonconformities.
D. 
New shoreline subdivisions resulting in more than four parcels shall comply with the requirements of WAC 173-26-221(4)(d)(iii).
E. 
Public View Corridors.
1. 
For new subdivisions with a designated public view corridor, the view corridor shall be established on the overall property as part of the subdivision review process, and shall be indicated in a plat condition to be recorded with the subdivision.
2. 
All lots within a public view corridor that has been designated as part of a development approval pursuant to Section 16.08.360 shall have notice on title that the lot may be subject to development restrictions for view corridor protection.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.210; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following maximum lot coverage limitations apply to new development, redevelopment and expansion of existing development after the effective date of this master program, for permitted and conditionally permitted land uses within the specified environments, unless alternative lot coverage standards are established for a water-dependent or water-related use through a shoreline conditional use permit or shoreline variance. These limitations do not apply to redevelopment of a structure of the same size and within the same footprint as the existing structure, with the exception of over-water structures, the redevelopment of which shall be limited to water-dependent uses. Development within the zero-to-one-hundred-twenty-five-foot area, which includes the one-hundred-foot shoreline buffer and twenty-five-foot building setback, may be subject to shoreline buffer and setback and reasonable use limitations.
A. 
Shoreline residential-1 environment: From zero to one hundred twenty-five feet from the OHWM, maximum lot coverage shall be thirty-five percent. In all other areas, maximum lot coverage shall be fifty percent.
B. 
Shoreline residential-2 environment: Maximum lot coverage shall be fifty percent.
C. 
High intensity environment: From zero to one hundred twenty-five feet from the OHWM, maximum lot coverage shall be fifty percent. From one hundred twenty-five to two hundred feet from the OHWM, maximum lot coverage shall be eighty percent if the property is within the downtown core and fifty percent in all other areas.
D. 
Urban conservancy environment: From zero to one hundred twenty-five feet from the OHWM, lot coverage shall not be increased beyond that existing at the time of adoption of this shoreline master program. In all other areas, maximum lot coverage shall be fifty percent.
E. 
Natural environment: From zero to one hundred twenty-five feet from the OHWM, maximum lot coverage shall be fifteen percent or as otherwise determined through a shoreline variance. In all other areas, maximum lot coverage shall be twenty-five percent, unless the development proposal is for a water-dependent use approved through a shoreline conditional use permit, in which case the maximum lot coverage shall be thirty-five percent.
F. 
Aquatic environment: Not applicable; allowable development in the aquatic environment shall be determined through a shoreline conditional use permit.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.220; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following height regulations apply to new development and expansion of existing development after the effective date of this master program. These limitations do not apply to the redevelopment of a structure as existing on the date of adoption of this master program within the HI environment or a primary structure within the shoreline residential-1, shoreline residential-2, urban conservancy, or natural environments, which may be rebuilt to the pre-redevelopment height. Within the aquatic environment, expansion and redevelopment of existing over-water structures is limited to water-dependent uses.
A. 
General. Building and structure height shall be calculated according to the definition in Section 16.08.040, and shall comply with the standards in subsections B through H of this section.
B. 
Development in all environments is also subject to the height regulations in the zoning code. Where there is a conflict between this chapter and the zoning code regarding height regulations, the more stringent requirement shall apply.
C. 
Shoreline residential-1 environment: Maximum height of a primary structure shall be thirty-five feet unless a lower height is required in a shoreline variance. Maximum height on an accessory detached structure shall be twenty feet.
D. 
Shoreline residential-2 environment: Maximum height of a primary structure shall be thirty-five feet.
E. 
High intensity environment: Within one hundred twenty-five feet of the OHWM, maximum height shall be twenty-five feet. In other areas, maximum height shall be thirty-five feet.
F. 
Urban conservancy environment: Within one hundred twenty-five feet of the OHWM, maximum height of a primary structure shall be twenty-five feet unless a lower height is required in a shoreline variance. In other areas, maximum height of a primary structure shall be thirty-five feet. Maximum height of an accessory detached structure shall be twenty feet.
G. 
Natural environment: Maximum height shall be fifteen feet.
H. 
Aquatic environment: Maximum height of a floating structure shall be fifteen feet. For a nonfloating over-water or in-water structure, maximum height shall be twenty feet above the mean high water elevation.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.230; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Single-family residences are the preferred shoreline residential use in the shoreline residential-1 and shoreline residential-2 environments per RCW 90.58.020, when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. However, a multifamily development (development in a duplex, triplex, quadruplex or townhouse style) may be permitted within the shoreline residential-2 environment if consistent with the underlying zoning requirements and if no variances or conditional use permits would be required to accommodate the proposed development.
B. 
In the high intensity environment, new multifamily residential units may be permitted only as part of a mixed-use development that complies with the requirements of Section 16.08.240.
C. 
Residential Density.
1. 
In the shoreline residential-1 and shoreline residential-2 environment, residential density shall be as established in the underlying zone. However, no minimum density is established, and the realized density shall be dependent on critical area(s) and shoreline buffer requirements, in combination with required dimensional standards (lot coverage, setbacks, height), and zoning requirements (parking, landscaping, etc.).
2. 
In the natural environment, residential use is not allowed, and therefore no minimum or maximum density is established.
3. 
In the high intensity environment, the maximum density of residential development as part of a mixed-use development per Section 16.08.240 is fourteen dwelling units per acre, or the limit of the residential percentage cap in the mixed-use development standards in Title 18, whichever is more restrictive. No minimum density is established.
4. 
In the urban conservancy environment, development of new or additional residential units is not permitted except as part of a mixed-use development in areas with commercial zoning. New or additional residential units shall not be constructed in city parks. No minimum or maximum density is established.
5. 
In the aquatic environment, residential use is prohibited except for liveaboard vessels meeting the requirements of Section 16.08.260(E). No minimum or maximum density is established.
6. 
Density shall comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards. It may not be possible to achieve the density range for a development site due to critical area(s) and shoreline buffer requirements, in combination with required dimensional standards (lot coverage, setbacks, height), and zoning requirements (parking, landscaping, etc.).
D. 
Where a property that existed prior to the comprehensive SMP update is zoned residential low and does not have a buildable area of two thousand five hundred square feet or more located outside of the shoreline buffer and buffer setback, a shoreline substantial development permit to reduce the size of the buffer or buffer setback without a shoreline variance may be submitted pursuant to the requirements of Section 16.09.130. The proposal must be consistent with the following:
1. 
The buffer reduction shall be the minimum necessary to accommodate a total development area of two thousand five hundred square feet, including existing structures, appurtenances, and landscaping. Development shall be located outside the buffer as much as possible.
2. 
New single-family residences utilizing this provision shall be designed, configured, and developed to:
a. 
Avoid significant impacts to sensitive natural systems and shall result in no net loss of ecological functions.
b. 
Prevent the need for new shoreline stabilization or flood hazard reduction measures.
E. 
New residential buildings and structures waterward of the OHWM, including accessory structures, are prohibited.
F. 
No new or expanded development associated with a residential use or a non-water-dependent component of a commercial or mixed-use development shall be permitted waterward of the OHWM, including but not limited to docks, piers, floats, boat houses, boat lifts, boat launch ramps and haulouts.
G. 
Any new multifamily development of more than four total units on a property that is located directly on the shoreline shall be required to provide shoreline access which shall be available for public use, unless it can be demonstrated that access is infeasible due to topography (e.g., high or unstable bluffs) or other reasons of public safety, or where provision of access would result in impacts to a critical saltwater habitat area.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.240; Ord. 2019-01 § 2 (Att. A (part)), 2019; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A new mixed-use development, or an expansion to an existing development that will contain mixed uses, may consist of any combination of residential, commercial, marina or recreational uses as allowed in the underlying zoning category and standards, with the following requirements:
A. 
All new or expanded development within the aquatic environment or within the shoreline buffer and setback in any other environment must be permanently occupied and maintained by one or more water-dependent and/or water-related uses that are permitted or conditionally permitted in the aquatic environment, unless otherwise specified in subsections B through E of this section.
B. 
Within the high intensity environment of the downtown planning segment, if the subject property has direct access to Liberty Bay, all new development within the shoreline buffer shall be permanently occupied and maintained as water-dependent and/or water-related uses. Outside of the shoreline buffer, an area or areas equivalent to at least twenty-five percent of the new or additional building square footage shall be permanently occupied and main-tained as water-dependent and/or water-related uses. The area(s) may be located within a building and/or outdoors. Refer to Section 16.08.480 for specific requirements and exceptions for the redevelopment and expansion of nonconforming structures, or structures with nonconforming uses.
C. 
Within the high intensity environment of the Front Street planning segment, if the subject property has direct access to Liberty Bay, all new development within the shoreline buffer shall be permanently occupied and maintained as water-oriented uses. Outside of the shoreline buffer, an area or areas equivalent to at least twenty-five percent of the new or additional building square footage shall be permanently occupied and maintained as water-oriented uses. The area(s) may be located within a building and/or outdoors. Refer to Section 16.08.480 for specific requirements and exceptions for the redevelopment and expansion of nonconforming structures, or structures with nonconforming uses.
D. 
Within the shoreline residential-2 environment for properties within the C-1/downtown zoning district:
1. 
Mixed-use developments, as defined in Section 16.08.040, shall be permitted;
2. 
For properties with direct access to Liberty Bay, new development within the shoreline buffer may be allowed if permanently occupied and maintained as water-oriented uses.
E. 
If the subject property in any environment is separated from Liberty Bay by another property or a public right-of-way, an area or areas equivalent to at least twenty-five percent of the new or additional square footage shall be permanently occupied and maintained as water-enjoyment and/or water-related uses. The area(s) may be located within a building and/or outdoors.
F. 
If the subject property has direct access to Liberty Bay, a new mixed-use development, or an addition to an existing development that will increase the gross building floor area by more than twenty-five percent over that existing after the effective date of this master program, shall provide public access to the shoreline unless such access is demonstrated to be incompatible due to reasons of safety, security, or environmental impact. If public access cannot be provided for one or more of these reasons, the applicant shall provide one or more alternative forms of shoreline-related public benefit as approved by the planning director, such as additional ecological restoration or visual access.
G. 
If a proposed mixed-use development is required to provide a dedicated public view corridor per Sections 16.08.200(E) and/or 16.08.360(B), or a public access path per subsection F of this section, the area within the view corridor or public access path area may apply toward the required percentage of site or building occupancy indicated in subsections B through E of this section.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.250; Ord. 2019-01 § 2 (Att. A (part)), 2019; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
This section does not apply to public and private marinas, port or boating facilities, including boat maintenance and service facilities, which are addressed in Section 16.08.260.
New or expanded commercial development shall meet the following requirements:
A. 
All new or expanded development within the aquatic environment or the shoreline buffer and setback in any other environment must be permanently occupied and maintained by one or more water-dependent uses and/or water-related uses that are permitted or conditionally permitted in the relevant environment, unless otherwise specified in subsections B through G of this section.
B. 
Within the high intensity environment of the downtown planning segment, if the subject property has direct access to Liberty Bay, all new development within the shoreline buffer shall be permanently occupied and maintained as water-dependent and/or water-related uses. Outside of the shoreline buffer, an area or areas equivalent to at least twenty-five percent of the new or additional building square footage shall be permanently occupied and maintained as water-related and/or water-dependent uses. The area(s) may be located within a building and/or outdoors. Refer to Section 16.08.480 for specific requirements and exceptions for the redevelopment and expansion of nonconforming structures, or structures with nonconforming uses.
C. 
Within the high intensity environment of the Front Street planning segment, if the subject property has direct access to Liberty Bay, all new development within the shoreline buffer shall be permanently occupied and maintained as water-oriented uses. Outside of the shoreline buffer, an area or areas equivalent to at least twenty-five percent of the new or additional building square footage shall be permanently occupied and maintained as water-oriented uses. The area(s) may be located within a building and/or outdoors. Refer to Section 16.08.480 for specific requirements and exceptions for the redevelopment and expansion of nonconforming structures, or structures with nonconforming uses.
D. 
Within the shoreline residential-2 (SR-2) environment for properties within the C-1/downtown zoning district:
1. 
Commercial use, including professional office, personal service, and retail sales, as defined in Section 18.40.030, shall be permitted.
2. 
Other commercial uses permitted in the C-1 zoning district may be allowed with the approval of a shoreline conditional use permit.
3. 
For properties with direct access to Liberty Bay, new development within the shoreline buffer may be allowed if permanently occupied and maintained as water-oriented uses.
E. 
If the subject property in any environment is separated from Liberty Bay by another property or a public right-of-way, an area or areas equivalent to at least twenty-five percent of the new or additional building square footage shall be permanently occupied and maintained as water-enjoyment and/or water-related uses. The areas may be located within a building and/or outdoors.
F. 
If the subject property has direct access to Liberty Bay, a new commercial development, or an addition to an existing development that will increase the gross building floor area by more than twenty-five percent over that existing after the effective date of this master program, shall provide public access to the shoreline unless such access is demonstrated to be incompatible due to reasons of safety, security or environmental impact. If public access cannot be provided for one or more of these reasons, the applicant shall provide one or more alternative forms of shorelinerelated public benefit as approved by the planning director, such as additional ecological restoration or visual access.
G. 
If a proposed commercial development is required to provide a dedicated public view corridor per Sections 16.08.200(E) and/or 16.08.360(B), or a public access path per subsection F of this section, the area within the view corridor or public access area path may be permitted to apply toward the required percentage of site or building occupancy indicated in subsections B through E of this section.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.260; Ord. 2019-01 § 2 (Att. A (part)), 2019; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
The design and location of new, altered or expanded marinas and other boating service, maintenance and use facilities, and the appropriate locations for including public boat launches and public day use docks, shall comply with the following requirements:
1. 
The development or use shall not interfere with the public use and enjoyment of the water or create a hazard to navigation, pursuant to WAC 173-26-221(4).
2. 
The development or use shall meet the requirements of Section 16.08.130 for mitigation sequencing.
3. 
The development or use shall be located only at sites with sufficient existing water depth to accommodate the proposed development, adequate navigational and vehicular access, and adequate parking.
4. 
The design of the development or use shall meet all state and federal regulations for habitat and fish protection.
5. 
New uses and structures shall avoid locations within critical saltwater habitat areas to the maximum extent feasible and shall comply with Section 16.08.190(H) and WAC 173-26-221(iii)(C) for protection of critical saltwater habitat. However, they may be located within the upland shoreline buffer and buffer setback areas; provided, that no net loss to critical saltwater habitat will occur as a result of the development. Development in a critical saltwater habitat area shall require a shoreline conditional use permit per WAC 173-26-241(2)(b)(ii)(C) and Section 16.08.490.
6. 
Water-enjoyment and non-water-oriented uses and structures, such as vehicle and trailer parking, equipment and material storage not associated with water-dependent uses, office and administrative buildings, and accessory commercial development, shall not be located in the aquatic environment and shall be located outside of the shoreline buffer and buffer setback areas to the maximum extent feasible.
7. 
Parking within the shoreline buffer and setback may be allowed according to the requirements of Section 16.08.290(B)(4).
8. 
In addition to the above requirements, proposed port development, expansions and other alterations shall be based upon and shall be consistent with a comprehensive plan for port improvements that has been officially adopted consistent with RCW 53.20.010 and 53.20.020 and any other applicable federal, state or local requirements, including consistency with the adopted Poulsbo comprehensive plan.
9. 
In addition to any other requirements of this chapter, all development and uses shall be consistent with the requirements of WAC 220-660-400, Marinas and terminals in saltwater areas, and with WAC 332-30-139, Marinas and moorages.
10. 
All development and uses shall comply with the requirements of Article V of this chapter, Shore-line Modifications, except as otherwise expressly stated in this chapter.
B. 
Boat Slips and Moorages.
1. 
The maximum allowable number of boat slips or moorages, and the appropriate locations for such slips or moorages, in any one marina facility shall be determined based on the following factors:
a. 
The suitability of the environmental conditions, such as but not limited to: the presence or proximity of submerged aquatic vegetation, shoreline associated wetlands, critical saltwater habitat, water depth, water circulation, sediment inputs and accumulation, and wave action, aesthetics and public views, and the ability of the applicant to mitigate for environmental impacts.
b. 
The applicant shall provide an analysis to demonstrate the proposed development’s compatibility with surrounding land and aquatic conditions and uses, environment designations, and zoning, including impacts to existing public viewsheds and view corridors, parking, and adjacent properties and neighborhoods. The analysis shall address the ability of the land upland of the OHWM to accommodate the necessary support facilities, such as but not limited to access, vehicle traffic, vehicle and boat trailer parking, restrooms, and waste disposal.
c. 
A demand analysis submitted by the applicant. If the applicant is a port district, the demand analysis shall be consistent with the comprehensive port improvement plan referenced in subsection (A)(8) of this section, to demonstrate anticipated need for the requested number of slips or moorages to serve the residents of the city and the port district for recreational and commercial purposes during the stated planning period.
2. 
Slips and moorages in a public marina shall not be converted from public recreational use to other uses, unless the applicant demonstrates that there is no anticipated need for the existing number of recreational slips or moorage to serve the public during the foreseeable future.
C. 
Any proposal to expand an existing harbor area, or to extend docks, piers, slips or other moorage facilities into an area previously not developed for such a purpose, shall indicate why anticipated needs indicated in subsection (B)(1)(c) of this section cannot be accommodated in existing harbor areas and/or existing docks, piers, slips or moorage areas.
D. 
All new, expanded or redeveloped marinas and other boating facilities shall provide public pedestrian access to the shoreline.
E. 
Liveaboard Vessels.
1. 
Liveaboard vessels are prohibited outside of marina facilities.
2. 
Each liveaboard vessel shall moor at a dedicated slip. Liveaboard vessels may not be anchored or moored in open water other than for temporary purposes.
3. 
New liveaboard vessel slips shall not be allowed on state lands leased after the effective date of the adoption of this shoreline master program.
4. 
The addition of new liveaboard vessel slips within any area owned by a marina, yacht club or port authority or leased from a private owner shall be subject to a shoreline conditional use permit. In addition to any other conditions required in the permit, the applicant shall demonstrate how the new liveaboard will comply with the requirements of WAC 332-30-171(4) and (5) related to waste disposal, and that a minimum of at least one permanent reserved parking space shall be provided for each new liveaboard vessel.
5. 
Liveaboard vessels shall comprise no more than ten percent of the total nonguest or nontransient capacity of any marina, based on the number of slips and other mooring facilities.
F. 
New or enlarged covered or enclosed slips, floating storage buildings for motorized vehicles or vessels, or other covered or enclosed moorage added after the effective date of this shoreline master program, including floating boat and airplane houses and hangars, are prohibited. Maintenance, repair and replacement of existing covered or enclosed structures is acceptable; however, a cover or enclosure structure that is removed for more than six months shall be considered a discontinued use and shall not be replaced.
G. 
Boat Service and Repair. Businesses or facilities providing boat or boat motor service and repair (including facilities within marinas) shall be regulated as follows:
1. 
Storage of parts and equipment shall be entirely within an enclosed structure.
2. 
If the proposed maintenance, service or repair activities meet the definition of major boat repair and service, boats shall be removed from the water and debris shall be captured and disposed in a proper manner consistent with state and federal requirements.
3. 
Major boat repair and service activities shall be conducted on dry land and shall be located either totally within a building or totally sight-screened from adjoining properties and rights-of-way.
4. 
Repair and service activities shall meet all applicable city regulations for noise and lighting controls, and may have conditions placed upon the facility including but not limited to size, hours of operation, location on the site, screening measures, and number of daily launches to ensure compatibility with neighboring land uses and zones.
5. 
All dry land motor testing shall be conducted within an enclosed structure.
6. 
An appropriate storage, transfer, containment and disposal facility for liquid materials, such as oil, harmful solvents, antifreeze and paints shall be provided and maintained.
7. 
Facilities, equipment and established procedures for the containment, recovery and mitigation of spilled petroleum or hazardous products shall be provided.
8. 
Floating or mobile repair structures are prohibited.
H. 
Boat Launches, Piers and Docks.
1. 
All new, redeveloped or expanded boat launch, pier and dock facilities outside of a marina shall meet the following requirements:
a. 
The facility shall comply with the requirements of Section 16.08.140;
b. 
The facility shall not be located within a critical saltwater habitat area;
c. 
A shoreline permit application is required, which shall include a demand analysis to evaluate the number of anticipated daily launches, parking needs, and impacts to adjacent properties and neighborhoods;
d. 
The facility shall provide one or more vehicle and trailer loading areas, at least ten feet by forty feet, commensurate with projected demand;
e. 
Day use facilities shall provide signage indicating (i) the operational hours of the facility, (ii) any daily parking time limit, if applicable, and (iii) overnight parking, camping, moorage or vessel storage on the site is not permitted; and
f. 
Prior to operation, the facility shall provide the city with evidence that all required state and federal permits have been obtained.
2. 
In addition to the requirements in subsection (H)(1) of this section, extended use facilities shall meet the following requirements:
a. 
The facility shall provide parking for vehicles and trailers commensurate with projected demand. Parking for vehicles shall comply with zoning code dimensional standards. Parking for vehicles and trailers shall be at least ten feet by forty feet.
b. 
Signage shall be provided indicating (i) the operational hours of the facility and (ii) the applicable restrictions on parking, moorage and vessel storage time limits, camping, and any other uses as indicated in the shoreline permit conditions.
I. 
Accessory Commercial Uses.
1. 
Drive-in or drive-through uses are prohibited.
2. 
Commercial activities shall not be conducted upon any vessel or over-water structure located within a marina or other boating facility, including locations at slips, docks, buoys or independent anchoring, unless (a) the activity is water-dependent, (b) the commercial activity will not result in significant new impacts, including but not limited to parking, traffic and noise, and (c) the city has issued a shoreline permit or shoreline permit exemption to the facility owner or operator for such activities.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.270; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Mooring Buoys for Private Recreational Use.
1. 
A single buoy for moorage of one boat for private recreational use may be allowed in Liberty Bay, outside of designated harbor areas, for each applicant who meets the following requirements:
a. 
The applicant is the owner of an upland residence who also owns the abutting tidelands or submerged lands where the buoy is proposed to be located, or the owner of an upland residence whose property abuts state-owned shorelands, tidelands or related beds of navigable waters, and has received approval from the state to use such area for the buoy.
b. 
The buoy shall not be located in critical saltwater habitat.
c. 
Where feasible, use embedded or helical anchors and incorporate midline floats to avoid impacts and scour to the seafloor.
2. 
Private recreational mooring buoys require permit and registration approval from the Washington Department of Natural Resources, and may require permits and review from other federal and state agencies such as the U.S. Army Corps of Engineers. The applicant shall provide documentation of these approvals upon issuance to the city planning director.
3. 
The location, design, use, operation and maintenance of private recreational mooring buoys and boats moored to them shall comply with the provisions of RCW 79.105.430 or its successor.
4. 
A private recreational mooring buoy that complies with subsections (A)(1) through (3) of this section is not required to obtain a shoreline substantial development permit.
B. 
Buoys for Purposes Other Than Private Recreational Use.
1. 
New buoys for commercial, navigational, monitoring, or scientific uses, or purposes other than private recreational moorage for one residential owner, are required to obtain a shoreline substantial development permit.
2. 
New buoys require permit and registration approval from the Washington Department of Natural Resources, and may require permits and review from other federal and state agencies such as the U.S. Army Corps of Engineers. The applicant shall provide documentation of these approvals upon issuance to the city planning director.
3. 
A buoy may be located in critical saltwater habitat only when it has been demonstrated to be necessary for public safety for navigational purposes and there is no other feasible alternative location, or if the buoy will be used for scientific purposes directly related to study or restoration of the critical saltwater habitat.
4. 
If a new buoy is part of an overall development plan, aquatic use plan, master plan or other action requiring a shoreline substantial development permit and/or land use permit, the buoy and all other relevant items shall be addressed in a combined review process.
5. 
Where feasible, use embedded or helical anchors and incorporate midline floats to avoid impacts and scour to the seafloor.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.280; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Park and recreational facilities located on the shoreline shall provide public access to the shoreline unless such access is demonstrated to be incompatible due to reasons of safety, security or environmental impact.
B. 
New recreation facilities or expansions to existing recreation facilities that include non-water-oriented, high intensity activities, such as basketball and tennis courts, baseball and soccer fields, skate parks, and dog parks, shall be located outside of the shoreline jurisdiction to the extent feasible. Children’s playgrounds and tot lots shall not be considered high intensity activities. Existing recreational facilities within the shoreline jurisdiction may continue to be maintained and utilized.
C. 
New parking lots or expansions to existing parking lots shall be located outside of the shoreline buffer unless allowed by the provisions of Section 16.08.290(B).
D. 
New or expanded recreational facilities such as pedestrian and bicycle trails, shoreline access points, boardwalks, boat launches and day use docks may be permitted within the shoreline buffer and/or aquatic environment; provided, that all requirements of this chapter for the specific development type are met, as well as the following criteria:
1. 
The recreational facilities shall be located and constructed to ensure no net loss of shoreline ecological functions and to minimize adverse impacts to natural shoreline resources and wildlife habitat.
2. 
Recreational facilities shall not require hard shoreline stabilization methods to maintain safety and functionality over the expected lifetime of the development, and shall meet the requirements of WAC 173-26-231(3)(a)(iii).
3. 
Recreational facilities that are over water or within fifteen feet of the OHWM shall not have lighting other than safety lighting, which shall be elevated at three feet high or less and shall be directed downward and away from the water and neighboring properties.
4. 
A boardwalk may be permitted over water when an upland location for a trail connection or continuation is shown not to be feasible.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.290; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following regulations shall apply to new or expanded parking lot facilities and parking structures constructed after the effective date of this shoreline master program:
A. 
Parking lots and parking structures shall comply with the requirements in Sections 16.08.110(B) and 16.08.130 and the land use table in Section 16.08.170.
B. 
New parking lots or structures shall be located outside of the shoreline buffer, with the following exceptions:
1. 
ADA-accessible parking spaces and ramps.
2. 
Parking for shoreline access points, or day use boat launches, piers and docks, or other short-term public uses, either standalone or as part of an overall recreational development, up to a maximum of four parking spaces.
3. 
Short-term parking for pickup and delivery to water-dependent or water-related uses, loading zones, and public transportation stops and pullouts.
4. 
Parking for a water-dependent development or use where insufficient upland area is available outside of the shoreline buffer to accommodate required parking.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.300; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Development under this section shall comply with Sections 16.08.110(B) and 16.08.130 concerning avoidance and minimization of impacts for location, design and use of the subject facilities.
B. 
New or expanded transportation facilities and primary utilities shall use existing corridors and rights-of-way whenever feasible; provided, that expansions and modifications shall not adversely impact shoreline resources and shall be otherwise consistent with this chapter. If expansion of the existing corridor will result in significant adverse impacts, then a less disruptive alternative shall be utilized.
C. 
New or expanded transportation and primary utility corridors must be placed and designed to minimize negative impacts upon shoreline areas, protect public access, and avoid and minimize impacts to existing conforming land uses and structures and the natural shoreline environment.
D. 
New or expanded transportation and primary or accessory utility facilities must be designed and maintained to prevent erosion and to permit the natural movement of surface water, and shall not require the construction of hard armoring or other shoreline stabilization measures to maintain the facility in a safe and operable condition over the estimated life of the facility.
E. 
New or expanded transportation and primary or accessory utility facilities that cross streams shall be designed utilizing WDFW’s Water Crossing Design Guidelines (2013), where it has been determined by a qualified professional, the appropriate state or federal agency, that fish inhabit the stream or may inhabit the stream in future, and shall minimize impact to the stream and its buffer to the maximum extent feasible.
F. 
Shoreline right-of-way may be used for public access or recreational purposes.
G. 
Shoreline right-of-way shall not be vacated, except in compliance with RCW 35.79.035 or its successor.
H. 
New or expanded primary or accessory utilities shall not be located within the Dogfish Creek floodway or waterward of the OHWM of Liberty Bay unless no other feasible alternative exists.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.310; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Developers and property owners shall immediately stop work and notify the local government, the Washington State Department of Archaeology and Historic Preservation, and the Suquamish Tribe if archaeological resources are uncovered during excavation, and shall comply with relevant state and federal law regarding protection of archaeological sites and resources and required permits for activities affecting them, including Chapter 27.53 RCW (Archaeological Sites and Resources), or as subsequently amended.
B. 
If in the future any sites are listed on the Washington Heritage Register or the National Register of Historic Places, any proposed development or redevelopment of such sites shall be coordinated with the State Historic Preservation Office and shall be consistent with federal and state laws regarding historic preservation.
C. 
Prior to permit issuance, applications for site work or other development in sites documented to contain archaeological resources shall require site inspection or evaluation by a professional archaeologist in coordination with the Suquamish Tribe, consistent with WAC 173-26-221(1)(c)(i).
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.320; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Aquaculture shall not be permitted in areas where it would result in a net loss of ecological functions; adversely impact eelgrass and/or macroalgae; or significantly conflict with navigation, other water-dependent uses, or normal public use of the surface waters.
B. 
Aquaculture development shall conform to applicable state and federal policies and regulations, provided they are consistent with the SMA and this SMP, to ensure no net loss of ecological function.
C. 
Aquaculture facilities shall be designed and located such that they do not spread disease to native aquatic life, establish new nonnative species that cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline.
D. 
Impacts to ecological functions shall be mitigated in accordance with Section 16.08.130.
E. 
Structures and activities that are not water-dependent (e.g., warehouses for storage of products, parking lots) shall be located landward of the OHWM, upland of water-dependent portions of the project, and shall avoid or minimize detrimental impacts to the shoreline.
(Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)