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Hearing Examiner Dismisses SEPA Appeal

of Ordinance No. 2025-21

BAINBRIDGE ISLAND, WA — March 26, 2026: The City of Bainbridge Island’s motion to dismiss the State Environmental Policy Act (SEPA) appeal of Ordinance No. 2025-21 has been granted by the Hearing Examiner, concluding a nearly six-month appeal process.

The appeal, filed on September 26, 2025, challenged the City’s Determination of Nonsignificance (DNS) for Ordinance No. 2025-21. In a March 25, 2026 ruling, the Hearing Examiner found the appeal is barred under state law.

“There is no question that the SEPA review under appeal assesses the environmental impacts of the adoption of Ordinance 2025-21,” the Hearing Examiner wrote. “There is no question that Ordinance 2025-21 implements the housing element of the City’s comprehensive plan.”

State Law Prohibits SEPA Appeals in This Case

The ruling affirms that RCW 43.21C.495(4) prohibits administrative or judicial SEPA appeals for certain local actions that implement the housing element of a comprehensive plan.

Ordinance No. 2025-21 updates development standards (including floor area ratio (FAR), building height, and parking requirements) for 100% affordable housing projects in designated zoning districts, specifically the City’s Central Core and Ferry Terminal zoning districts east of SR 305. These changes make it easier to build affordable housing and put the City’s housing policies into action.

The Hearing Examiner determined that the appeal “falls squarely within” the type of action exempted from SEPA appeals under state law.

“RCW 43.21C.495(4) was adopted… to increase affordable housing options in response to an unprecedented housing crisis,” the Hearing Examiner stated. “Elimination of SEPA appeals reduces costs and delay due to the inherently long and costly processes associated with such appeals. The time and expense of this appeal is an excellent example of the time and expense involved in such appeals.”

Key Clarifications in the Ruling

• Applicability of SEPA exemption: The exemption applies to the adoption of ordinances, development regulations, amendments to developments regulations, and other nonproject actions that implement the housing element requirements of a comprehensive plan. 
• Critical areas: The presence of a Critical Aquifer Recharge Area (CARA) does not change the applicability of the exemption.  
• Project-based environmental review: Unless otherwise exempt from SEPA review, state law still requires project-based SEPA review of all future development in the City. 

Supporting Housing Goals

Ordinance No. 2025-21 advances several goals in the City’s Comprehensive Plan, including:

• Expanding affordable housing opportunities 
• Reducing regulatory barriers to housing development 
• Supporting a more diverse housing supply across the community 

These actions align with state legislation aimed at addressing Washington’s housing shortage by reducing delays and costs associated with appeals.

“The Appellant has made a valiant effort to render the plain and clear terms of a statute ambiguous. No such ambiguity is found,” the Hearing Examiner wrote. “There is no question that the SEPA review under appeal assesses the environmental impacts of the adoption of Ordinance 2025-21. There is no question that Ordinance 2025-21 implements the housing element of the City’s comprehensive plan.”

Next Steps

With the appeal dismissed, the City Council will determine next steps, including whether to schedule a new public hearing for Ordinance No. 2025-21.

###

Background

Ordinance No. 2025-21 was originally scheduled for a public hearing on October 14, 2025. That hearing was postponed following the filing of the SEPA appeal.

About SEPA

The State Environmental Policy Act (SEPA) requires all state and local agencies to evaluate environmental impacts before adopting certain policies, plans, or programs or approving projects. While certain nonproject-level actions may be exempt from appeal under state law, project-specific environmental impacts are still reviewed during permitting.

Media Contact:

Shannon Hays, Communications Manager

shays@bainbridgewa.gov

206-530-3627

BAINBRIDGE ISLAND, WA — March 3, 2026: The City of Bainbridge Island, in partnership with nonprofit Olympia Community Solar, is proud to announce the launch of Solarize Bainbridge Island, a limited-time solar group purchasing program designed to make installing solar energy systems simple, affordable, and accessible for the community.

Running from March 1 through July 31, Solarize Bainbridge Island will support residents and business owners across Bainbridge Island in transitioning to clean, renewable energy. Participants can sign up for a free solar assessment at SolarizeBainbridge.org.

By installing solar, customers can significantly reduce their energy bills by generating their own electricity and participating in net metering. Net metering allows solar customers to earn utility bill credits for surplus energy sent back to the electrical grid, enabling many participants to offset much of their electricity usage costs, aside from their fixed monthly customer charge.

While interest in solar energy continues to grow due to its environmental and economic advantages, the installation process can feel overwhelming. Questions about cost, technical requirements, and selecting a qualified installer often create barriers. Solarize Bainbridge Island addresses these challenges by offering a streamlined, community-based approach.

The program exclusively partners with vetted local solar installers selected through a competitive bidding process evaluating equipment quality, business practices, and discounted pricing. By leveraging group purchasing power, Solarize participants gain access to pre-negotiated, campaign-only rates. 

In addition to personalized solar assessments, the program will host free public workshops throughout the campaign to educate residents about solar technology, financing options, and the installation process. Educational workshops will be held on:

Participants must sign up for a free home or business assessment by July 31. Following the assessment, a Solarize-selected installer will provide a detailed proposal reflecting the campaign’s discounted pricing. Customers who choose to move forward will work directly with the installer to schedule installation.

Financing options are available through Puget Sound Cooperative Credit Union for Solarize participants. Throughout the process, the City’s Climate and Sustainability Manager, Laura Rÿser, and Olympia Community Solar will be available to answer questions, review proposals, and guide participants every step of the way.

The City of Bainbridge Island is proud to offer this innovative program to accelerate local adoption of solar energy, an essential strategy for reducing regional climate pollution and building local energy resilience. By emphasizing solar education, consumer protection, and partnerships with trusted local installers, Solarize Bainbridge Island is making the process simple, secure, and accessible. 

Residents and business owners—whether new to solar or previously assessed—are encouraged to take advantage of this opportunity and share it with friends, family, and neighbors.

For more information or to enroll visit SolarizeBainbridge.org, email Solarize@olysol.org, or call (360) 481-4020.

For years, we’ve loved sharing this award-winning, nationally recognized newsletter with you almost every week of the year. Producing a thoughtful and reliable weekly update has been rewarding, and we’re grateful for the many readers who follow along.

As the City continues to grow its communications channels, we’re evolving City Highlight to a monthly format. This shift will allow us to expand updates across platforms that reach even more Islanders, including the City website, social media, and print publications.

You may have already seen some of these efforts, including mini City Highlight inserts and full-page spreads in the 98110, which reaches every household on the island each month. We’re also hard at work on the next issue of City Connects, our City magazine, expected this May or June.

In the meantime, you can always stay up to date by following the City on social media and checking the "News" section of the City website's homepage. We’re also excited to share that a refreshed City website will be launching later this year.

We look forward to continuing to keep Islanders informed, connected, and engaged. Watch for City Highlight in your inbox on the first Friday of every month!

Learn more and subscribe: bainbridgewa.gov/500/City-Highlight

Notify Me allows you to subscribe to an unlimited number of email lists. Receive email or text message updates regarding the information you have requested.

Notify Me allows you to subscribe to an unlimited number of email lists. Receive email or text message updates regarding the information you have requested.

Notify Me allows you to subscribe to an unlimited number of email lists. Receive email or text message updates regarding the information you have requested.