reglab/housing_qa huggingface dataset:
WA Rev Code § 90.58.250 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.250 - Intent—Department to cooperate with local governments—Grants for development of master programs.

RCW 90.58.250 Intent—Department to cooperate with local governments—Grants for development of master programs.(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by RCW 90.58.080. Except as specifically described herein, nothing in chapter 262, Laws of 2003 is intended to alter the existing obligation, duties, and benefits provided by chapter 262, Laws of 2003 to local governments and the department.(2) The department is directed to cooperate fully with local governments in discharging their responsibilities under this chapter. Funds shall be available for distribution to local governments on the basis of applications for preparation of master programs and the provisions of RCW 90.58.080(7). Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer grants within appropriations authorized by the legislature to any local government within the state for the purpose of developing a master shorelines program.[ 2003 c 262 § 3; 1971 ex.s. c 286 § 25.]
WA Rev Code § 90.58.260 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.260 - State to represent its interest before federal agencies, interstate agencies and courts.

RCW 90.58.260 State to represent its interest before federal agencies, interstate agencies and courts.The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of the United States, including among others, the federal power commission, environmental protection agency, corps of engineers, department of the interior, department of agriculture and the atomic energy commission, before interstate agencies and the courts with regard to activities or uses of shorelines of the state and the program of this chapter. Where federal or interstate agency plans, activities, or procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies.[ 1971 ex.s. c 286 § 26.]
WA Rev Code § 90.58.280 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.280 - Application to all state agencies, counties, public and municipal corporations.

RCW 90.58.280 Application to all state agencies, counties, public and municipal corporations.The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them.[ 1971 ex.s. c 286 § 28.]
WA Rev Code § 90.58.290 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.290 - Restrictions as affecting fair market value of property.

RCW 90.58.290 Restrictions as affecting fair market value of property.The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.[ 1971 ex.s. c 286 § 29.]
WA Rev Code § 90.58.300 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.300 - Department as regulating state agency—Special authority.

RCW 90.58.300 Department as regulating state agency—Special authority.The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government and sister states and to receive benefits of any statutes of the United States whenever enacted which relate to the programs of this chapter.[ 1971 ex.s. c 286 § 30.]
WA Rev Code § 90.58.310 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.310 - Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.

RCW 90.58.310 Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature.The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have statewide significance relating to special economic, ecological, educational, developmental, recreational, or aesthetic values to be designated as shorelines of statewide significance.Prior to making any such recommendation the director shall hold a public hearing in the county or counties where the shoreline under consideration is located. It shall be the duty of the county commissioners of each county where such a hearing is conducted to submit their views with regard to a proposed designation to the director at such date as the director determines but in no event shall the date be later than sixty days after the public hearing in the county.[ 1971 ex.s. c 286 § 31.]
WA Rev Code § 90.58.320 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.320 - Height limitation respecting permits.

RCW 90.58.320 Height limitation respecting permits.No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.[ 1971 ex.s. c 286 § 32.]
WA Rev Code § 90.58.340 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.340 - Use policies for land adjacent to shorelines, development of.

RCW 90.58.340 Use policies for land adjacent to shorelines, development of.All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the policy of this chapter, the guidelines, and the master programs for the shorelines of the state. The department may develop recommendations for land use control for such lands. Local governments shall, in developing use regulations for such areas, take into consideration any recommendations developed by the department as well as any other state agencies or units of local government.[ 1971 ex.s. c 286 § 34.]
WA Rev Code § 90.58.350 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.350 - Nonapplication to treaty rights.

RCW 90.58.350 Nonapplication to treaty rights.Nothing in this chapter shall affect any rights established by treaty to which the United States is a party.[ 1971 ex.s. c 286 § 35.]
WA Rev Code § 90.58.355 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.355 - Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

RCW 90.58.355 Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to:(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090;(2) Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard stormwater treatment facilities;(3) The department of transportation projects and activities that meet the conditions of RCW 90.58.356; or(4) Actions taken on the Columbia river by the United States army corps of engineers, under the authority of United States Code Titles 33 and 42 and 33 C.F.R. Sec. 335, to maintain and improve federal navigation channels in accordance with federally mandated dredged material management and improvement project plans, provided the project: (a) Has undergone environmental review under both the national environmental policy act, 42 U.S.C. Sec. 4321-4370h and the state environmental policy act, chapter 43.21C RCW; and (b) has applied for federal clean water act section 401 water quality certifications issued by the department.[ 2021 c 299 § 1; 2020 c 20 § 1506; 2015 3rd sp.s. c 15 § 9; 2012 c 169 § 1; 1994 c 257 § 20.]NOTES:Finding—Intent—2015 3rd sp.s. c 15: See note following RCW 90.58.356.Severability—1994 c 257: See note following RCW 36.70A.270.
WA Rev Code § 90.58.360 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.360 - Existing requirements for permits, certificates, etc., not obviated.

RCW 90.58.360 Existing requirements for permits, certificates, etc., not obviated.Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government.[ 1971 ex.s. c 286 § 36.]
WA Rev Code § 90.58.370 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.370 - Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.

RCW 90.58.370 Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.[ 1989 c 171 § 11; 1987 c 343 § 5.]NOTES:Severability—1989 c 171: See note following RCW 43.83B.400.
WA Rev Code § 90.58.380 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.380 - Adoption of wetland manual.

RCW 90.58.380 Adoption of wetland manual.The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If the corps of engineers and the environmental protection agency adopt changes to or a different manual, the department shall consider those changes and may adopt rules implementing those changes.[ 1995 c 382 § 11.]
WA Rev Code § 90.58.515 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.515 - Watershed restoration projects—Exemption.

RCW 90.58.515 Watershed restoration projects—Exemption.Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.[ 1995 c 378 § 16.]
WA Rev Code § 90.58.550 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.550 - Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.

RCW 90.58.550 Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.(1) Within this section the following definitions apply:(a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters;(b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the waters of the Strait of Juan de Fuca, the waters between the western boundary of the state and the ordinary high water mark, and related bays and estuaries;(c) "Vessel" includes ships, boats, barges, or any other floating craft.(2) A person desiring to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department of ecology. The department may approve an application for a permit only if it determines that the proposed activity will not:(a) Interfere materially with the normal public uses of the marine waters of the state;(b) Interfere with activities authorized by a permit issued under RCW 90.58.140(2);(c) Injure the marine biota, beds, or tidelands of the waters;(d) Violate water quality standards established by the department; or(e) Create a public nuisance.(3) Decisions on an application under subsection (2) of this section are subject to review only by the pollution control hearings board under chapter 43.21B RCW.(4) This section does not apply to activities conducted by an agency of the United States or the state of Washington.(5) This section does not lessen, reduce, or modify RCW 90.58.160.(6) The department may adopt rules necessary to implement this section.(7) The attorney general shall enforce this section.[ 1983 c 138 § 1.]NOTES:Ocean resources management act: Chapter 43.143 RCW.Transport of petroleum products or hazardous substances: Chapter 88.40 RCW.
WA Rev Code § 90.58.560 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.560 - Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.

RCW 90.58.560 Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty provided for in this section.(2) The penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the director or the director's representative describing such violation with reasonable particularity. (3) Any person incurring any penalty under this section may appeal the penalty to the hearings board as provided for in chapter 43.21B RCW. Such appeals shall be filed within thirty days from the date of receipt of the penalty. Any penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless an appeal is filed. Whenever an appeal of any penalty incurred under this section is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.[ 2010 c 210 § 40; 1995 c 403 § 638; 1983 c 138 § 2.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
WA Rev Code § 90.58.570 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.570 - Consultation before responding to federal coastal zone management certificates.

RCW 90.58.570 Consultation before responding to federal coastal zone management certificates.The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf.[ 1989 1st ex.s. c 2 § 15.]
WA Rev Code § 90.58.590 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.590 - Local governments authorized to adopt moratoria—Requirements—Public hearing.

RCW 90.58.590 Local governments authorized to adopt moratoria—Requirements—Public hearing.(1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter.(2)(a) A local government adopting a moratorium or control under this section must:(i) Hold a public hearing on the moratorium or control;(ii) Adopt detailed findings of fact that include, but are not limited to justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;(iii) Notify the department of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;(iv) Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.(b) The public hearing required by this section must be held within sixty days of the adoption of the moratorium or control.(3) A moratorium or control adopted under this section may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2)(a) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the department, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the department has not taken final action.(4) Nothing in this section may be construed to modify county and city moratoria powers conferred outside this chapter.[ 2009 c 444 § 2.]NOTES:Intent—2009 c 444: "The legislature recognizes that cities and counties have moratoria authority granted through constitutional and statutory provisions and that this authority, when properly exercised, is an important aspect of complying with environmental stewardship and protection requirements.Recognizing the fundamental role and value of properly exercised moratoria, the legislature intends to establish new moratoria procedures and to affirm moratoria authority that local governments have and may exercise when implementing the shoreline management act, while recognizing the legitimate interests of existing shoreline-related developments during the period of interim moratoria." [ 2009 c 444 § 1.]
WA Rev Code § 90.58.600 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.600 - Conformance with chapter 43.97 RCW required.

RCW 90.58.600 Conformance with chapter 43.97 RCW required.With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a local government or the department of ecology pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.[ 1987 c 499 § 10.]
WA Rev Code § 90.58.610 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.58 - Shoreline Management Act of 1971.|90.58.610 - Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.

RCW 90.58.610 Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.RCW 36.70A.480 governs the relationship between shoreline master programs and development regulations to protect critical areas that are adopted under chapter 36.70A RCW.[ 2010 c 107 § 4.]NOTES:Intent—Retroactive application—Effective date—2010 c 107: See notes following RCW 36.70A.480.