Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part FIVE - CONSISTENCY AND COORDINATION › Section 365-196-580 - Integration with the Shoreline Management Act

Current through Register Vol. 24-14, July 15, 2024
(1) For shorelines of the state, the goals
						and policies of the Shoreline Management Act as set forth under
						RCW
						 90.58.020 are added as one of the goals of
						this chapter as set forth under
						RCW
						 36.70A.020 without creating an order of
						priority among the fourteen goals. The goals and policies of a shoreline master
						program for a county or city approved under chapter 90.58 RCW shall be
						considered an element of the county or city's comprehensive plan. All other
						portions of the shoreline master program for a county or city adopted under
						chapter 90.58 RCW, including use regulations, shall be considered a part of the
						county or city's development regulations.
(2) The shoreline master program shall be
						adopted pursuant to the procedures under chapter 90.58 RCW rather than the
						goals, policies, and procedures set forth in chapter 36.70A RCW for the
						adoption of a comprehensive plan or development regulations.
(3)
(a) The
						policies, goals, and provisions of chapter 90.58 RCW and applicable guidelines
						shall be the sole basis for determining compliance of a shoreline master
						program with chapter 36.70A RCW except as the shoreline master program is
						required to comply with the internal consistency provisions of
						RCW
						 36.70A.070,
						36.70A.040(4),
						35.63.125, and
						35A.63.105.
(b) Except as otherwise provided in (c) of
						this subsection, development regulations adopted under chapter 36.70A RCW to
						protect critical areas within shorelines of the state apply within shorelines
						of the state until the department of ecology approves one of the following: A
						comprehensive master program update, as defined under
						RCW
						 90.58.030; a segment of a master program
						relating to critical areas, as provided under
						RCW
						 90.58.090; or a new or amended master program
						approved by the department of ecology on or after March 1, 2002, as provided
						under RCW
						 90.58.080. The adoption or update of
						development regulations to protect critical areas under chapter 36.70A RCW
						prior to department of ecology approval of a master program update as provided
						in this subsection is not a comprehensive or segment update to the master
						program.
(c)
(i) Until the department of ecology approves
						a master program or segment of a master program as provided in (b) of this
						subsection, a use or structure legally located within shorelines of the state
						that was established or vested on or before the effective date of the local
						government's development regulations to protect critical areas may continue as
						a conforming use and may be redeveloped or modified if:
(A) The redevelopment or modification is
						consistent with the local government's master program; and
(B) The local government determines that the
						proposed redevelopment or modification will result in no net loss of shoreline
						ecological functions. The local government may waive this requirement if the
						redevelopment or modification is consistent with the master program and the
						local government's development regulations to protect critical areas.
(ii) For purposes of (c) of this
						subsection, an agricultural activity that does not expand the area being used
						for the agricultural activity is not a redevelopment or modification.
						"Agricultural activity," as used in (c) of this subsection, has the same
						meaning as defined under
						RCW
						 90.58.065.
(d) Upon department of ecology approval of a
						shoreline master program or critical area segment of a shoreline master
						program, critical areas within shorelines of the state are protected under
						chapter 90.58 RCW and are not subject to the procedural and substantive
						requirements of chapter 36.70A RCW, except as provided in subsection (6) of
						this section. Nothing in chapter 321, Laws of 2003 or the act is intended to
						affect whether or to what extent agricultural activities, as defined under
						RCW
						 90.58.065, are subject to chapter 36.70A
						RCW.
(e) The provisions under
						RCW
						 36.70A.172 shall not apply to the adoption or
						subsequent amendment of a local government's shoreline master program and shall
						not be used to determine compliance of a local government's shoreline master
						program with chapter 90.58 RCW and applicable guidelines. Nothing in this
						section; however, is intended to limit or change the quality of information to
						be applied in protecting critical areas within shorelines of the state, as
						required under chapter 90.58 RCW and applicable guidelines.