Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part III - GUIDELINES › Section 173-26-191 - Master program contents

Current through Register Vol. 24-14, July 15, 2024
(1)
Master program concepts.
The following concepts are the basis for
				effective shoreline master programs.
(a)
Master program policies and regulations.
Shoreline master programs
				are both planning and regulatory tools. Master programs serve a planning
				function in several ways. First, they balance and integrate the objectives and
				interests of local citizens. Therefore, the preparation and amending of master
				programs shall involve active public participation, as called for in WAC
				173-26-201(3).
				Second, they address the full variety of conditions on the shoreline. Third,
				they consider and, where necessary to achieve the objectives of
				chapter
				90.58 RCW, influence
				planning and regulatory measures for adjacent land. For jurisdictions planning
				under chapter 36.70A
				RCW, the Growth Management Act, the requirements for consistency between
				shoreline and adjacent land planning are more specific and are described in WAC
				173-26-191(1)(e).
				Fourth, master programs address conditions and opportunities of specific
				shoreline segments by classifying the shorelines into "environment
				designations" as described in WAC
				173-26-211.
The results of shoreline planning are summarized in shoreline
				  master program policies that establish broad shoreline management directives.
				  The policies are the basis for regulations that govern use and development
				  along the shoreline. Some master program policies may not be fully attainable
				  by regulatory means due to the constitutional and other legal limitations on
				  the regulation of private property. The policies may be pursued by other means
				  as provided in
				  RCW
				  90.58.240. Some development requires a
				  shoreline permit prior to construction. A local government evaluates a permit
				  application with respect to the shoreline master program policies and
				  regulations and approves a permit only after determining that the development
				  conforms to them. Except where specifically provided in statute, the
				  regulations apply to all uses and development within shoreline jurisdiction,
				  whether or not a shoreline permit is required, and are implemented through an
				  administrative process established by local government pursuant to
				  RCW
				  90.58.050 and
				  90.58.140 and enforcement pursuant
				  to RCW
				  90.58.210 through
				  90.58.230.
(b)
Master program
				elements.
RCW 90.58.100(2)
				states that the master programs shall, when appropriate, include the following
				elements:
"
(a)
An
				economic development element for the location and design of industries,
				projects of statewide significance, transportation facilities, port facilities,
				tourist facilities, commerce and other developments that are particularly
				dependent on their location on or use of shorelines of the
				state;
(b)
A
				public access element making provision for public access to publicly owned
				areas;
(c)
A
				recreational element for the preservation and enlargement of recreational
				opportunities, including but not limited to parks, tidelands, beaches, and
				recreational areas;
(d)
A circulation element consisting of the general location and extent of
				existing and proposed major thoroughfares, transportation routes, terminals,
				and other public utilities and facilities, all correlated with the shoreline
				use element;
(e)
A use element which considers the proposed general distribution and general
				location and extent of the use on shorelines and adjacent land areas for
				housing, business, industry, transportation, agriculture, natural resources,
				recreation, education, public buildings and grounds, and other categories of
				public and private uses of the land;
(f)
A conservation element for the
				preservation of natural resources, including but not limited to scenic vistas,
				aesthetics, and vital estuarine areas for fisheries and wildlife
				protection;
(g)
An historic, cultural, scientific, and educational element for the protection
				and restoration of buildings, sites, and areas having historic, cultural,
				scientific, or educational values;
(h)
An element that gives
				consideration to the statewide interest in the prevention and minimization of
				flood damages; and
(i)
Any other element deemed appropriate or necessary to effectuate the
				policy of this chapter
."
The Growth Management Act (chapter 36.70A RCW) also uses the word
				  "element" for discrete components of a comprehensive plan. To avoid confusion,
				  "master program element" refers to the definition in the Shoreline Management
				  Act as cited above. Local jurisdictions are not required to address the master
				  program elements listed in the Shoreline Management Act as discrete sections.
				  The elements may be addressed throughout master program provisions rather than
				  used as a means to organize the master program.
(c)
Shorelines of statewide
				significance.
The Shoreline Management Act identifies certain shorelines
				as "shorelines of statewide significance" and raises their status by setting
				use priorities and requiring "optimum implementation" of the act's policy. WAC
				173-26-251 describes methods to
				provide for the priorities listed in
				RCW
				90.58.020 and to achieve "optimum
				implementation" as called for in
				RCW
				90.58.090(4).
(d)
Shoreline environment
				designations.
Shoreline management must address a wide range of physical
				conditions and development settings along shoreline areas. Effective shoreline
				management requires that the shoreline master program prescribe different sets
				of environmental protection measures, allowable use provisions, and development
				standards for each of these shoreline segments.
The method for local government to account for different
				  shoreline conditions is to assign an environment designation to each distinct
				  shoreline section in its jurisdiction. The environment designation assignments
				  provide the framework for implementing shoreline policies and regulatory
				  measures specific to the environment designation. WAC
				  173-26-211 presents guidelines
				  for environment designations in greater detail.
(e)
Consistency with comprehensive
				planning and other development regulations.
Shoreline management is most
				effective and efficient when accomplished within the context of comprehensive
				planning. For cities and counties planning under the Growth Management Act,
				chapter
				36.70A RCW requires
				mutual and internal consistency between the comprehensive plan elements and
				implementing development regulations (including master programs). The
				requirement for consistency is amplified in WAC
				365-196-500.
The Growth Management Act also calls for coordination and
				  consistency of comprehensive plans among local jurisdictions.
				  RCW
				  36.70A.100 states:
"
The comprehensive plan of each county or city that
				  is adopted pursuant to
				  RCW
				  36.70A.040 shall be coordinated with, and
				  consistent with, the comprehensive plans adopted pursuant to
				  RCW
				  36.70A.040 of other counties or cities with
				  which the county or city has, in part, common borders or related regional
				  issues
."
Since master program goals and policies are an element of the
				  local comprehensive plan, the requirement for internal and intergovernmental
				  plan consistency may be satisfied by watershed-wide or regional
				  planning.
Legislative findings provided in section 1, chapter 347, Laws
				  of 1995 (see
				  RCW
				  36.70A.470 notes) state:
"
The legislature recognizes by this act that the
				  growth management act is a fundamental building block of regulatory reform. The
				  state and local governments have invested considerable resources in an act that
				  should serve as the integrating framework for all other land-use related laws.
				  The growth management act provides the means to effectively combine certainty
				  for development decisions, reasonable environmental protection, long-range
				  planning for cost-effective infrastructure, and orderly growth and
				  development
."
And
				  RCW
				  36.70A.480(1) (The Growth
				  Management Act) states:
"
For shorelines of the state, the goals and policies
				  of the shoreline management act as set forth in
				  RCW
				  90.58.020 are added as one of the goals of
				  this chapter as set forth in
				  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
."
Furthermore,
				  RCW
				  36.70A.481 states:
"
Nothing in
				  RCW
				  36.70A.480 shall be construed to authorize a
				  county or city to adopt regulations applicable to shorelands as defined in
				  RCW
				  90.58.030 that are inconsistent with the
				  provisions of
				  chapter
				  90.58
				  RCW
."
The Shoreline Management Act addresses the issue of
				  consistency in
				  RCW
				  90.58.340, which states:
"
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.]
"
Pursuant to the statutes cited above, the intent of these
				  guidelines is to assist local governments in preparing and amending master
				  programs that fit within the framework of applicable comprehensive plans,
				  facilitate consistent, efficient review of projects and permits, and
				  effectively implement the Shoreline Management Act. It should be noted the
				  ecology's authority under the Shoreline Management Act is limited to review of
				  shoreline master programs based solely on consistency with the act and these
				  guidelines. It is the responsibility of the local government to assure
				  consistency between the master program and other elements of the comprehensive
				  plan and development regulations.
Several sections in these guidelines include methods to
				  achieve the consistency required by both the Shoreline Management Act and the
				  Growth Management Act.
First, WAC
				  173-26-191(2)(b) and
				  (c) describe optional methods to integrate
				  master programs and other development regulations and the local comprehensive
				  plan.
Second, WAC
				  173-26-221 through
				  173-26-251 translate the broad
				  policy goals in the Shoreline Management Act into more specific policies. They
				  also provide a more defined policy basis on which to frame local shoreline
				  master program provisions and to evaluate the consistency of applicable
				  sections of a local comprehensive plan with the Shoreline Management
				  Act.
Finally, WAC
				  173-26-211(3) 
				  presents specific methods for testing consistency between shoreline environment
				  designations and comprehensive plan land use designations.