Waterfront Terms In Bellingham Real Estate, Explained

Curious about what “waterfront” really means in Chuckanut or Edgemoor? If you have your eye on Bellingham Bay, you are smart to get clear on terms like tidelands, OHWM, and moorage before you fall in love with a view. A little vocabulary goes a long way when you are evaluating beach access, dock potential, and long-term plans. In this guide, you will learn key terms, what to look for on listings and surveys, how permits work, and the due diligence steps that help you move forward with confidence. Let’s dive in.

Key shoreline terms you will see

Tidelands and aquatic lands

In Washington, tidelands are the intertidal area between high and low tide, and some permanently submerged areas waterward of that. Many of these lands are owned by the state through the Department of Natural Resources. If a property includes or abuts state-owned aquatic lands, you may need authorization to place or maintain structures that extend waterward of the shore. You can learn more on the state’s program pages for aquatic lands at the Department of Natural Resources.

Why it matters: Whether tidelands are privately owned or state-owned affects beach use rights and the ability to build or maintain structures like ramps, floats, or docks. It also affects whether you might need a DNR lease.

Ordinary High Water Mark and tidal datums

The Ordinary High Water Mark (OHWM) is a legal boundary that often sets where shoreline rules begin. It is determined in the field and is a common reference line for county, state, and federal reviews. You may also see Mean High Water (MHW) and Mean Lower Low Water (MLLW), which are scientific averages used to map water levels and convert elevations. For context on tidal datums and local tide information, see NOAA’s tides and currents resources.

Why it matters: If a proposed structure sits waterward of the OHWM, it often triggers additional permits and approvals.

Upland, littoral, and riparian

Upland is the land above the OHWM and outside regulated shorelines. Building in uplands can still be subject to shoreline buffers or critical area rules. Littoral relates to the shore zone of a sea or lake and often refers to marine shorelines in this area. Riparian typically relates to freshwater systems. In Chuckanut, you will mostly see littoral and upland references.

Bank type and slope

Listings may describe a bank as low, moderate, or steep. A steep bank or bluff can limit access, increase erosion risk, and change what is feasible for moorage or stabilization. Armored banks use bulkheads or riprap. Bank type and slope are important in Whatcom County reviews because they affect what treatments are allowed under the Shoreline Master Program.

Bulkhead, seawall, and revetment

A bulkhead is a vertical structure at the shoreline to reduce erosion. A revetment or riprap uses rocks or an engineered slope to absorb wave energy. New hard armoring is often discouraged because of habitat impacts. Repairs or replacements are commonly regulated and may need local and state approvals.

Moorage, dock, float, and slip

Moorage is the general term for tying up a vessel. Docks and floats extend seaward and often sit waterward of the OHWM. A slip is a defined moorage space. Even small moorage improvements can trigger reviews and approvals. When moorage spans state-owned tidelands, you may need a DNR authorization in addition to local permits.

Listing and survey clues to read closely

When you see “waterfront” on a Chuckanut or Edgemoor listing, look for clues about ownership, access, and prior permits.

• Legal description: Does it mention tidelands or stop at the OHWM? If the deed stops at the OHWM, the intertidal area may be state-owned aquatic land.
• Survey details: A current survey that shows the OHWM, improvements, and easements is key. The OHWM line often drives which permits apply.
• Site features: Note bank type, presence of a bulkhead, stairs, or any moorage structure. Condition and location matter for feasibility and maintenance.
• SMP designation: Whatcom County’s Shoreline Master Program assigns environment designations along the bay, which set use rules, setbacks, and mitigation needs. You can explore policies and contacts on the Whatcom County Shoreline Program page.

If records are missing or unclear, expect follow-up with county staff, DNR, and potentially a surveyor to verify lines and structure locations.

Permits and agencies you will hear about

Multiple agencies can have a say in shoreline work around Bellingham Bay. The most common layers are local (county), state, tribal, and federal.

• Whatcom County Shoreline Program: New or replacement structures waterward of the OHWM, significant fill or excavation, and changes to beach habitat often require shoreline review. These can include Shoreline Substantial Development Permits, Conditional Use Permits, or documented Exemptions. Start with the county’s program page for process and contacts at the Whatcom County Shoreline Program.
• Washington State Department of Ecology: Ecology oversees statewide policy under the Shoreline Management Act and approves local Shoreline Master Programs. See the state’s overview at the Department of Ecology’s shoreline management page.
• Washington State Department of Natural Resources: If a structure occupies state-owned tidelands or bedlands, you will likely need a lease or easement from DNR. Learn about authorizations on DNR’s aquatics page.
• Washington Department of Fish and Wildlife: Work that uses, diverts, or changes the bed or flow of state waters often requires a Hydraulic Project Approval. Review the process at WDFW’s HPA page.
• U.S. Army Corps of Engineers: Federal permits may apply to structures in navigable waters or dredge and fill work. The Seattle District provides guidance at the U.S. Army Corps of Engineers Seattle District.
• Tribal coordination: Tribes have treaty-reserved rights to fish and shellfish. Projects that affect harvest areas or habitat may require coordination. The Lummi Nation is a key local contact; see the Lummi Nation site for government contacts.

Permitting is often sequential and overlapping. Missing one step can delay your timeline, so plan to confirm all layers early.

Chuckanut-specific factors to keep in mind

Shorelines along Chuckanut Drive can include steep bluffs and erosion-prone banks. Those slopes can raise both regulatory scrutiny and practical maintenance questions. Sensitive habitats like eelgrass and forage fish spawning areas exist in the region and can limit the type and location of moorage or armoring.

You will also encounter state-owned tidelands in parts of Bellingham Bay. A property may “feel” like it includes the beach even when it does not. DNR mapping, the deed, and a survey are your best tools to confirm boundaries.

Because tribal harvest rights apply across local waters, work that would change habitat or access may require tribal input. Early conversations with the county and state can help you understand where tribal consultation is likely.

Buyer due diligence checklist

Use this step-by-step list to focus your review and avoid surprises.

1. Title report, deed, and plat: Confirm whether tidelands are included. Look for easements, shared access, recorded leases, or previous permits related to shore structures.
2. Survey with OHWM: Ask for a recent survey that identifies the OHWM and shows any bulkheads, docks, ramps, or stairs. This line is often determinative for permits.
3. Whatcom County SMP map layer: Check shoreline environment designation, buffers, and policies. Start with the county’s overview at the Whatcom County Shoreline Program.
4. DNR aquatic lands mapping: Confirm whether tidelands are state-owned and whether an existing DNR lease covers any waterward structures. See DNR’s aquatics page for contacts.
5. County planning and permit records: Ask county staff about historical permits and what future work would require. Planning contacts are listed at Whatcom County Planning and Development Services.
6. WDFW and DNR early consultation: If you are considering moorage or shoreline work, talk with WDFW about HPA triggers and with DNR about lease requirements if state aquatic lands are involved. Visit WDFW’s HPA page and DNR’s aquatics page.
7. Marine contractor and coastal engineer: Ask for a feasibility review on moorage, armoring, and erosion risk, especially on steep banks.
8. Attorney for title interpretation: For complex tideland descriptions or easements, consult a title or closing attorney with waterfront experience.
9. Tribal and agency coordination: County staff can advise whether tribal consultation is likely for your project and how to proceed.

Common scenarios near Bellingham Bay

Who maintains the bulkhead or dock?

Responsibility depends on ownership and agreements. If a structure sits partly over state-owned aquatic lands, it may be covered by a DNR lease with specific maintenance terms. For shared moorage, look for recorded easements or HOA documents that allocate costs and responsibilities.

Can you build or replace a dock?

It depends on shoreline designation, bank type, habitat, and where the footprint falls relative to the OHWM and any state-owned tidelands. Many jurisdictions favor soft-shore approaches over new hard armoring because of habitat impacts. Expect reviews by the county, WDFW, and potentially DNR and the Corps if the project extends into navigable waters.

How long do approvals take and what do they cost?

Timelines vary. Early consultations and permit reviews can take weeks to months, and public notice periods can add time. Costs include application fees, studies (engineering or biological), and possible lease fees if structures occupy state aquatic lands. Request estimates from county staff and DNR before you commit to a scope or timeline.

Will setbacks limit where you can build on upland?

Yes. Setbacks and buffers depend on the parcel’s Shoreline Master Program designation and any critical area overlays. Check the parcel’s designation and talk with county planning about buffer widths and potential mitigation options.

Partner with a local guide

Waterfront purchase decisions are about more than a view. You deserve clear answers on ownership lines, permits, and long-term plans. With 23-plus years and more than 1,000 closings across Whatcom County, Michelle Harrington brings local know-how, a curated vendor network, and calm, responsive guidance to your search. If you are weighing Chuckanut or Edgemoor, let’s map out a clean due diligence path and a confident offer strategy.

Connect with Michelle Harrington to talk through your goals and next steps.

FAQs

How can I tell if a dock is legally permitted in Whatcom County?

• Ask the seller for county permit records, any DNR aquatic lease, and a WDFW HPA; county staff and DNR can confirm history and status.

If a property has a bulkhead on Bellingham Bay, can I remove it?

• Possibly, but removal is regulated and may require county shoreline review, a WDFW HPA, and coordination with DNR if state aquatic lands are involved.

Does owning a Chuckanut waterfront lot mean I own the beach?

• Not always; many tidelands are state-owned, so verify with the deed, survey locating the OHWM, and DNR aquatic land mapping.

Will tribal treaty rights restrict my waterfront use in Whatcom County?

• Treaty rights typically do not limit private recreational use but can affect projects that alter habitat or access, so consultation may be required.

What is the Ordinary High Water Mark and why does it matter for permits?

• The OHWM is a legal boundary that often triggers shoreline regulations and determines whether additional state or federal approvals are needed.