reglab/statecodes huggingface dataset:
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 173-26-241 - Shoreline uses

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions
				in this section apply to specific common uses and types of development to the
				extent they occur within shoreline jurisdiction. Master programs should include
				these, where applicable, and should include specific use provisions for other
				common uses and types of development in the jurisdiction. All uses and
				development must be consistent with the provisions of the environment
				designation in which they are located and the general regulations of the master
				program.
(2)
General use
				provisions.
(a)
Principles.
Shoreline master programs shall implement the
				following principles:
(i) Establish a system
				of use regulations and environment designation provisions consistent with WAC
				173-26-201(2)(d)
				and 173-26-211 that gives preference
				to those uses that are consistent with the control of pollution and prevention
				of damage to the natural environment, or are unique to or dependent upon uses
				of the state's shoreline areas.
(ii) Ensure that all shoreline master program
				provisions concerning proposed development of property are established, as
				necessary, to protect the public's health, safety, and welfare, as well as the
				land and its vegetation and wildlife, and to protect property rights while
				implementing the policies of the Shoreline Management Act.
(iii) Reduce use conflicts by including
				provisions to prohibit or apply special conditions to those uses which are not
				consistent with the control of pollution and prevention of damage to the
				natural environment or are not unique to or dependent upon use of the state's
				shoreline. In implementing this provision, preference shall be given first to
				water-dependent uses, then to water-related uses and water-enjoyment
				uses.
(iv) Establish use
				regulations designed to assure no net loss of ecological functions associated
				with the shoreline.
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 173-26-251 - Shorelines of statewide significance

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability
.
The following section applies to
				local governments preparing master programs that include shorelines of
				statewide significance as defined in
				RCW
				90.58.030.
(2)
Principles
.
Chapter 90.58
				RCW raises the status of shorelines of statewide significance in two ways.
				First, the Shoreline Management Act sets specific preferences for uses of
				shorelines of statewide significance.
				RCW
				90.58.020 states:
"
The legislature declares that the interest of all of
				  the people shall be paramount in the management of shorelines of statewide
				  significance. The department, in adopting guidelines for shorelines of
				  statewide significance, and local government, in developing master programs for
				  shorelines of statewide significance, shall give preference to uses in the
				  following order of preference which:
(1)
Recognize and protect the
				statewide interest over local interest;
(2)
Preserve the natural character
				of the shoreline;
(3)
Result in long term over short term benefit;
(4)
Protect the resources and
				ecology of the shoreline;
(5)
Increase public access to
				publicly owned areas of the shorelines;
(6)
Increase recreational
				opportunities for the public in the shoreline;
(7)
Provide for any other element as
				defined in
				RCW
				90.58.100 deemed appropriate or
				necessary.
"
Second, the Shoreline Management Act calls for a higher level
				  of effort in implementing its objectives on shorelines of statewide
				  significance.
				  RCW
				  90.58.090(5) states:
"
The department shall approve those segments of the
				  master program relating to shorelines of statewide significance only after
				  determining the program provides the optimum implementation of the policy of
				  this chapter to satisfy the statewide interest.
"
Optimum implementation involves special emphasis on statewide
				  objectives and consultation with state agencies. The state's interests may
				  vary, depending upon the geographic region, type of shoreline, and local
				  conditions. Optimum implementation may involve ensuring that other
				  comprehensive planning policies and regulations support Shoreline Management
				  Act objectives.
Because shoreline ecological resources are linked to other
				  environments, implementation of ecological objectives requires effective
				  management of whole ecosystems. Optimum implementation places a greater
				  imperative on identifying, understanding, and managing ecosystem-wide processes
				  and ecological functions that sustain resources of statewide importance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The provisions of this part implement the requirements of
				  chapter
				  90.58 RCW, the Shoreline
				  Management Act. Specifically,
				  RCW
				  90.58.200 authorizes the adoption of rules as
				  necessary to implement the provisions of the act and
				  RCW
				  90.58.140(3) requires that
				  the department adopt rules for administration and enforcement of the permit
				  system established by the act.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-010, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
RCW 90.58.140(3) 
				  requires local governments to establish a program, consistent with rules
				  adopted by the department of ecology, for the administration and enforcement of
				  the permit system for shoreline management. The local program should be
				  integrated with other local government systems for administration and
				  enforcement of land use regulations. It is the intent of these regulations to
				  provide minimum procedural requirements as necessary to comply with statutory
				  requirements while providing latitude for local government to establish
				  procedural systems based on local needs and circumstances. It is also the
				  intent of these regulations to provide for integration of the shoreline permit
				  into a consolidated environmental review and permit process.
This regulation is drafted to also reflect
				  RCW
				  90.58.050 which provides that the Shoreline
				  Management Act is intended to establish a cooperative program between local
				  government and the state. According to this provision, local government shall
				  have the primary responsibility for initiating the planning required by the act
				  and administering the regulatory program of shoreline management consistent
				  with the policy and provisions of the act, whereas the department shall act
				  primarily in a supportive and review capacity with an emphasis on providing
				  assistance to local government and on insuring compliance with the policies and
				  provisions of the Shoreline Management Act.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-020, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-040 - Developments exempt from substantial development permit requirement

Current through Register Vol. 24-14, July 15, 2024
(1) Application and
				interpretation of exemptions.
(a) Exemptions
				shall be construed narrowly. Only those developments that meet the precise
				terms of one or more of the listed exemptions may be granted exemption from the
				substantial development permit process.
(b) An exemption from the substantial
				development permit process is not an exemption from compliance with the act or
				the local master program, nor from any other regulatory requirements. To be
				authorized, all uses and developments must be consistent with the policies and
				provisions of the applicable master program and the Shoreline Management Act. A
				development or use that is listed as a conditional use pursuant to the local
				master program or is an unlisted use, must obtain a conditional use permit even
				though the development or use does not require a substantial development
				permit. When a development or use is proposed that does not comply with the
				bulk, dimensional and performance standards of the master program, such
				development or use can only be authorized by approval of a variance.
(c) The burden of proof that a development or
				use is exempt from the permit process is on the applicant.
(d) If any part of a proposed development is
				not eligible for exemption, then a substantial development permit is required
				for the entire proposed development project.
(e) Local government may attach conditions to
				the approval of exempted developments and/or uses as necessary to assure
				consistency of the project with the act and the local master program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-044 - Developments not required to obtain shoreline permits or local reviews

Current through Register Vol. 24-14, July 15, 2024
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 the
				  following:
(1)
Remedial
				actions.
Pursuant to
				RCW
				90.58.355, any person conducting a remedial
				action at a facility pursuant to a consent decree, order, or agreed order
				issued pursuant to chapter 70.105D RCW, or to the department of ecology when it
				conducts a remedial action under chapter 70.105D 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 70.105D RCW,
				or during the department-conducted remedial action, through the procedures
				developed by the department pursuant to
				RCW
				70.105D.090.
(2)
Boatyard improvements to meet NPDES
				permit requirements.
Pursuant to
				RCW
				90.58.355, any person installing site
				improvements for storm water treatment in an existing boatyard facility to meet
				requirements of a national pollutant discharge elimination system storm water
				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 storm water
				treatment facilities.
(3)
WSDOT facility maintenance and safety improvements.
Pursuant to
				RCW
				90.58.356, department of transportation
				projects and activities meeting the conditions of
				RCW
				90.58.356 are not required to obtain a
				substantial development permit, conditional use permit, variance, letter of
				exemption, or other review conducted by a local government to implement the
				Shoreline Management Act, chapter 90.58 RCW.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-045 - Developments not subject to the Shoreline Management Act

Current through Register Vol. 24-14, July 15, 2024
Certain developments are not required to meet requirements
				  of the Shoreline Management Act as follows:
(1) Pursuant to
				RCW
				90.58.045 regarding environmental excellence
				program agreements, notwithstanding any other provision of law, any legal
				requirement under the Shoreline Management Act, including any standard,
				limitation, rule, or order is superseded and replaced in accordance with the
				terms and provisions of an environmental excellence program agreement, entered
				into under chapter 43.21K RCW.
(2)
				The holder of a certification from the governor pursuant to chapter 80.50 RCW
				shall not be required to obtain a permit under chapter 90.58 RCW.
Statutory Authority:
					 RCW
					 90.58.030(3)(e),
					 90.58.045,
					 90.58.065,
					 90.58.140(9),
					 90.58.143,
					 90.58.147,
					 90.58.200,
					 90.58.355, 90.58.390,
					 90.58.515,
					 43.21K.080,
					 71.09.250,
					 71.09.342,
					 77.55.181,
					 89.08.460,
					 chapters
					 70.105D,
					 80.50 RCW. 07-02-086 (Order 05-12),
					 § 173-27-045, filed 1/2/07, effective
					 2/2/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-050 - Letter of exemption

Current through Register Vol. 24-14, July 15, 2024
Some projects conducted on shorelines of the state also
				  require review and approval by federal agencies. Ecology is designated as the
				  coordinating agency for the state with regard to permits issued by the U.S.
				  Army Corps of Engineers. The following is intended to facilitate ecology's
				  coordination of local actions, with regard to exempt development, with federal
				  permit review.
(1) The local
				government shall prepare a letter of exemption, addressed to the applicant and
				the department, whenever a development is determined by a local government to
				be exempt from the substantial development permit requirements and the
				development is subject to one or more of the following federal permit
				requirements:
(a) A U.S. Army Corps of
				Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The
				provisions of section 10 of the Rivers and Harbors Act generally apply to any
				project occurring on or over navigable waters. Specific applicability
				information should be obtained from the Corps of Engineers.) or
(b) A section 404 permit under the Federal
				Water Pollution Control Act of 1972. (The provisions of section 404 of the
				Federal Water Pollution Control Act generally apply to any project which may
				involve discharge of dredge or fill material to any water or wetland area.
				Specific applicability information should be obtained from the Corps of
				Engineers.)
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-060 - Applicability of chapter 90.58 RCW to federal lands and agencies

Current through Register Vol. 24-14, July 15, 2024
(1) Direct federal
				agency activities in or affecting Washington's coastal zone shall be consistent
				to the maximum extent practicable with the enforceable policies of the most
				recent federally approved Washington state coastal zone management program
				pursuant to the Federal Coastal Zone Management Act, 16 U.S.C. 1451 et seq.
				(CZMA) and federal regulations adopted pursuant thereto.
Washington's coastal zone, as established in the state's
				  approved coastal zone management program, includes the following coastal
				  counties: Whatcom, Skagit, San Juan, Island, Snohomish, King, Pierce, Thurston,
				  Mason, Kitsap, Jefferson, Clallam, Grays Harbor, Pacific and Wahkiakum.
The Shoreline Management Act is incorporated into the
				  Washington state coastal zone management program and, thereby, those direct
				  federal agency activities affecting the uses or resources subject to the act
				  must be consistent to the maximum extent practicable with the enforceable
				  provisions of the act, regulations adopted pursuant to the act and the local
				  master program.
(a) When the
				department receives a consistency determination for an activity proposed by the
				federal government, it shall request that local government review the proposal
				and provide the department with its views regarding the consistency of the
				activity or development project with the enforceable policies of the local
				master program.
(b) The CZMA
				federal consistency decision-making process for federal agency activities is
				prescribed in the Coastal Zone Management Act (
				16 U.S.C.
				1456(c)(1) and (2), in
				federal regulations at 15 C.F.R. part 930, subpart C, and in Washington's most
				recent federally approved CZM program document.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-070 - Application of the permit system to substantial development undertaken prior to the effective date of the act

Current through Register Vol. 24-14, July 15, 2024
(1) Substantial development undertaken on the
				shorelines of the state prior to the effective date of the act, including
				changes in shoreline jurisdiction as described in subsection (2) of this
				section, shall not require a permit except under the following circumstances:
(a) When the activity was unlawful prior to
				the effective date of the act.
(b)
				When there has been an unreasonable period of dormancy in the project between
				its inception and the effective date of the act.
(c) When the development is not completed
				within two years after the effective date of the act.
(d) When substantial development occurred
				prior to the effective date of the act on a shoreline and continued on to a
				different lake, river or tributary after the effective date, a permit shall be
				required for the development undertaken after the effective date.
(e) Substantial development undertaken prior
				to the effective date of the act shall not continue without a permit into other
				phases that were not part of the plan being followed at the time construction
				commenced.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-080 - Nonconforming use and development standards

Current through Register Vol. 24-14, July 15, 2024
Local governments typically develop their own approaches to
				  addressing nonconforming use and development. This section is intended to apply
				  if a shoreline master program does not contain locally adopted nonconforming
				  use and development standards. When nonconforming use and development standards
				  do not exist in the applicable master program, the following definitions and
				  standards shall apply.
(1)
				Definitions.
(a) "Nonconforming use " means
				an existing shoreline use that was lawfully established prior to the effective
				date of the act or the applicable master program, but which does not conform to
				present use regulations due to subsequent changes to the master program.
(b) "Nonconforming development" or
				"nonconforming structure" means an existing structure that was lawfully
				constructed at the time it was built but is no longer fully consistent with
				present regulations such as setbacks, buffers or yards; area; bulk; height or
				density standards due to subsequent changes to the master program.
(c) "Nonconforming lot" means a lot that met
				dimensional requirements of the applicable master program at the time of its
				establishment but now contains less than the required width, depth or area due
				to subsequent changes to the master program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-085 - Moratoria

Current through Register Vol. 24-14, July 15, 2024
(1) Local
				governments may adopt moratoria or other interim official controls as necessary
				and appropriate to implement chapter 90.58 RCW.
(2) A local government adopting a moratorium
				or control under this section must:
(a) Hold
				a public hearing on the moratorium or control within sixty days of its
				adoption;
(b) 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;
(c) 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;
(d) 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.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-100 - Revisions to permits

Current through Register Vol. 24-14, July 15, 2024
A permit revision is required whenever the applicant proposes
				  substantive changes to the design, terms or conditions of a project from that
				  which is approved in the permit. Changes are substantive if they materially
				  alter the project in a manner that relates to its conformance to the terms and
				  conditions of the permit, the master program and/or the policies and provisions
				  of chapter 90.58
				  RCW. Changes which are not substantive in effect do not require approval of a
				  revision.
When an applicant seeks to revise a permit, local government
				  shall request from the applicant detailed plans and text describing the
				  proposed changes.
(1) If local
				government determines that the proposed changes are within the scope and intent
				of the original permit, and are consistent with the applicable master program
				and the act, local government may approve a revision.
(2) "Within the scope and intent of the
				original permit" means all of the following:
(a) No additional over water construction is
				involved except that pier, dock, or float construction may be increased by five
				hundred square feet or ten percent from the provisions of the original permit,
				whichever is less;
(b) Ground area
				coverage and height may be increased a maximum of ten percent from the
				provisions of the original permit;
(c) The revised permit does not authorize
				development to exceed height, lot coverage, setback, or any other requirements
				of the applicable master program except as authorized under a variance granted
				as the original permit or a part thereof;
(d) Additional or revised landscaping is
				consistent with any conditions attached to the original permit and with the
				applicable master program;
(e) The
				use authorized pursuant to the original permit is not changed; and
(f) No adverse environmental impact will be
				caused by the project revision.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-110 - Notice required

Current through Register Vol. 24-14, July 15, 2024
(1)
				Local government shall develop and adopt a system which provides for
				notification of the public, the department and other agencies with jurisdiction
				of applications for a shoreline management substantial development, conditional
				use, or variance permit. Notification pursuant to this section may be carried
				out as a part of an integrated local permit notification procedure.
(2) The system shall assure that notice of
				application shall be provided within fourteen days after the determination of
				completeness as provided in
				RCW
				36.70B.070 and WAC
				173-27-180, and include the
				following in whatever sequence or format the local government deems
				appropriate:
(a) The date of application, the
				date of the notice of completion for the application, and the date of the
				notice of application;
(b) A
				description of the proposed project action and a list of the project permits
				included in the application and, if applicable, a list of any studies requested
				under RCW
				36.70B.070, 36.70B.090 and WAC
				173-27-180;
(c) The identification of other permits not
				included in the application to the extent known by the local
				government;
(d) The identification
				of existing environmental documents that evaluate the proposed project, and, if
				not otherwise stated on the document providing the notice of application, such
				as a city land use bulletin, the location where the application and any studies
				can be reviewed;
(e) A statement of
				the public comment period, which shall be not less than thirty days following
				the date of notice of application, and statements of the right of any person to
				comment on the application, receive notice of and participate in any hearings,
				request a copy of the decision once made, and any appeal rights. A local
				government may accept public comments at any time prior to the closing of the
				record of an open record predecision hearing, if any, or, if no open record
				predecision hearing is provided, prior to the decision on the project
				permit;
(f) The date, time, place,
				and type of hearing, if applicable and scheduled at the date of notice of the
				application;
(g) A statement of the
				preliminary determination, if one has been made at the time of notice, of those
				development regulations that will be used for project mitigation and of
				consistency; and
(h) Any other
				information determined appropriate by the local government.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-120 - Special procedures for limited utility extensions and bulkheads

Current through Register Vol. 24-14, July 15, 2024
(1) An application
				for a substantial development permit for a limited utility extension or for the
				construction of a bulkhead or other measures to protect a single-family
				residence and its appurtenant structures from shoreline erosion shall be
				subject to all of the requirements of this chapter except that the following
				time periods and procedures shall be used:
(a)
				The public comment period shall be twenty days. The notice provided shall state
				the manner in which the public may obtain a copy of the local government
				decision on the application no later than two days following its
				issuance;
(b) The local government
				shall issue its decision to grant or deny the permit within twenty-one days of
				the last day of the comment period specified in subsection (2)(a) of this
				section; and
(c) If there is an
				appeal of the decision to grant or deny the permit to the local government
				legislative authority, the appeal shall be finally determined by the
				legislative authority within thirty days.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-125 - Special procedures for WSDOT projects

Current through Register Vol. 24-14, July 15, 2024
(1) Permit review time for projects on a
				state highway. Pursuant to
				RCW
				47.01.485, the legislature established a
				target of ninety days review time for local governments.
(2) Optional process allowing construction to
				commence twenty-one days after date of filing. Pursuant to
				RCW
				90.58.140, Washington state department of
				transportation projects that address significant public safety risks may begin
				twenty-one days after the date of filing if all components of the project will
				achieve no net loss of shoreline ecological functions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-130 - Filing with department

Current through Register Vol. 24-14, July 15, 2024
(1)
				All applications for a permit or a permit revision shall be submitted to the
				department by return receipt requested mail upon a final decision by local
				government. Final decision by local government shall mean the order or ruling,
				whether it be an approval or denial, which is established after all local
				administrative appeals related to the permit have concluded or the opportunity
				to initiate such appeals have lapsed.
(2) When a substantial development permit and
				a conditional use or variance permit are required for a development, the
				submittal on the permits shall be made concurrently.
(3) A complete submittal shall consist of the
				following documents and information:
(a) A
				copy of the complete application pursuant to WAC
				173-27-180;
(b) Findings and conclusions that establish
				the basis for the decision including, but not limited to, identification of
				shoreline environment designation, applicable master program policies and
				regulations and the consistency of the project with appropriate review criteria
				for the type of permit(s) as established in WAC
				173-27-140 through
				173-27-170;
(c) The final decision of the local
				government;
(d) The permit data
				sheet required by WAC
				173-27-190; and
(e) Where applicable, local government shall
				also file the applicable documents required by chapter 43.21C RCW, the State
				Environmental Policy Act, or in lieu thereof, a statement summarizing the
				actions and dates of such actions taken under chapter 43.21C RCW.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-140 - Review criteria for all development

Current through Register Vol. 24-14, July 15, 2024
(1) No authorization to undertake use or
				development on shorelines of the state shall be granted by the local government
				unless upon review the use or development is determined to be consistent with
				the policy and provisions of the Shoreline Management Act and the master
				program.
(2) No permit shall be
				issued 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.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-140, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-150 - Review criteria for substantial development permits

Current through Register Vol. 24-14, July 15, 2024
(1) A substantial development permit shall be
				granted only when the development proposed is consistent with:
(a) The policies and procedures of the
				act;
(b) The provisions of this
				regulation; and
(c) The applicable
				master program adopted or approved for the area. Provided, that where no master
				program has been approved for an area, the development shall be reviewed for
				consistency with the provisions of chapter 173-26 WAC, and to the extent
				feasible, any draft or approved master program which can be reasonably
				ascertained as representing the policy of the local government.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-160 - Review criteria for conditional use permits

Current through Register Vol. 24-14, July 15, 2024
The purpose of a conditional use permit is to provide a
				  system within the master program which allows flexibility in the application of
				  use regulations in a manner consistent with the policies of
				  RCW
				  90.58.020. In authorizing a conditional use,
				  special conditions may be attached to the permit by local government or the
				  department to prevent undesirable effects of the proposed use and/or to assure
				  consistency of the project with the act and the local master program.
(1) Uses which are classified or set forth in
				the applicable master program as conditional uses may be authorized provided
				that the applicant demonstrates all of the following:
(a) That the proposed use is consistent with
				the policies of
				RCW
				90.58.020 and the master program;
(b) That the proposed use will not interfere
				with the normal public use of public shorelines;
(c) That the proposed use of the site and
				design of the project is compatible with other authorized uses within the area
				and with uses planned for the area under the comprehensive plan and shoreline
				master program;
(d) That the
				proposed use will cause no significant adverse effects to the shoreline
				environment in which it is to be located; and
(e) That the public interest suffers no
				substantial detrimental effect.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-170 - Review criteria for variance permits

Current through Register Vol. 24-14, July 15, 2024
The purpose of a variance permit is strictly limited to
				  granting relief from specific bulk, dimensional or performance standards set
				  forth in the applicable master program where there are extraordinary
				  circumstances relating to the physical character or configuration of property
				  such that the strict implementation of the master program will impose
				  unnecessary hardships on the applicant or thwart the policies set forth in
				  RCW
				  90.58.020.
(1) Variance permits should be granted in
				circumstances where denial of the permit would result in a thwarting of the
				policy enumerated in
				RCW
				90.58.020. In all instances the applicant
				must demonstrate that extraordinary circumstances shall be shown and the public
				interest shall suffer no substantial detrimental effect.
(2) Variance permits for development and/or
				uses that will be located landward of the ordinary high water mark (OHWM), as
				defined in
				RCW
				90.58.030(2) (c), and/or
				landward of any wetland as defined in
				RCW
				90.58.030(2)(h), may be
				authorized provided the applicant can demonstrate all of the following:
(a) That the strict application of the bulk,
				dimensional or performance standards set forth in the applicable master program
				precludes, or significantly interferes with, reasonable use of the
				property;
(b) That the hardship
				described in (a) of this subsection is specifically related to the property,
				and is the result of unique conditions such as irregular lot shape, size, or
				natural features and the application of the master program, and not, for
				example, from deed restrictions or the applicant's own actions;
(c) That the design of the project is
				compatible with other authorized uses within the area and with uses planned for
				the area under the comprehensive plan and shoreline master program and will not
				cause adverse impacts to the shoreline environment;
(d) That the variance will not constitute a
				grant of special privilege not enjoyed by the other properties in the
				area;
(e) That the variance
				requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no
				substantial detrimental effect.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-190 - Permits for substantial development, conditional use, or variance

Current through Register Vol. 24-14, July 15, 2024
(1) Each permit for
				a substantial development, conditional use or variance, issued by local
				government shall contain a provision that construction pursuant to the permit
				shall not begin and is not authorized until twenty-one days from the date of
				filing as defined in
				RCW
				90.58.140(6) and WAC
				173-27-130, or until all review
				proceedings initiated within twenty-one days from the date of such filing have
				been terminated; except as provided in
				RCW
				90.58.140(5)(a) and
				(b).
(2) Permits for substantial development,
				conditional use, or variance may be in any form prescribed and used by local
				government including a combined permit application form. Such forms will be
				supplied by local government.
(3) A
				permit data sheet shall be submitted to the department with each shoreline
				permit. The permit data sheet form shall be as provided in Appendix A of this
				regulation.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-190, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-200 - Department review of conditional use and variance permits

Current through Register Vol. 24-14, July 15, 2024
(1) After local government approval of a
				conditional use or variance permit, local government shall submit the permit to
				the department for the department's approval, approval with conditions, or
				denial. The department shall render and transmit to local government and the
				applicant its final decision approving, approving with conditions, or
				disapproving the permit within thirty days of the date of submittal by local
				government pursuant to WAC
				173-27-110.
(2) The department shall review the complete
				file submitted by local government on conditional use and variance permits and
				any other information submitted or available that is relevant to the
				application. The department shall base its determination to approve, approve
				with conditions or deny a conditional use permit or variance on consistency
				with the policy and provisions of the act and, except as provided in WAC
				173-27-210, the criteria in WAC
				173-27-160 and
				173-27-170.
(3) Local government shall provide timely
				notification of the department's final decision to those interested persons
				having requested notification from local government pursuant to WAC
				173-27-130.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-200, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-210 - Minimum standards for conditional use and variance permits

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				  RCW
				  90.58.100(5) and
				  90.58.140(3), the
				  criteria contained in WAC
				  173-27-160 and
				  173-27-170 for shoreline
				  conditional use and variance permits shall constitute the minimum criteria for
				  review of these permits by local government and the department. Local
				  government and the department may, in addition, apply the more restrictive
				  criteria where they exist in approved and adopted master
				  programs.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-210, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-215 - Shoreline restoration projects Relief from shoreline master program development standards and use regulations

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose of section. In adopting
				RCW
				90.58.580, the legislature found that
				restoration of degraded shoreline conditions is important to the ecological
				function of our waters. However, restoration projects that shift the location
				of the shoreline can inadvertently create hardships for property owners,
				particularly in urban areas. Hardship may occur when a shoreline restoration
				project shifts Shoreline Management Act regulations into areas that had not
				previously been regulated under the act or shifts the location of required
				shoreline buffers. The intent of this section is to provide relief to property
				owners in such cases, while protecting the viability of shoreline restoration
				projects.
(2) Conditions and
				criteria for providing relief. The local government may grant relief from
				shoreline master program development standards and use regulations within urban
				growth areas when the following apply:
(a) A
				shoreline restoration project causes or would cause a landward shift in the
				ordinary high water mark, resulting in the following:
(i) Land that had not been regulated under
				this chapter prior to construction of the restoration project is brought under
				shoreline jurisdiction; or
(ii)
				Additional regulatory requirements apply due to a landward shift in required
				shoreline buffers or other regulations of the applicable shoreline master
				program; and
(iii) Application of
				shoreline master program regulations would preclude or interfere with use of
				the property permitted by local development regulations, thus presenting a
				hardship to the project proponent;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-220 - Requests for review

Current through Register Vol. 24-14, July 15, 2024
All requests for review of any final permit decisions under
				  chapter
				  90.58 RCW and chapter
				  173-27 WAC are governed by the procedures established in
				  RCW
				  90.58.180 and chapter 461-08 WAC, the rules
				  of practice and procedure of the shorelines hearings board.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-220, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-240 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
This part is adopted under
				  RCW
				  90.58.200 and
				  90.58.210 to implement the
				  enforcement responsibilities of the department and local government under the
				  Shoreline Management Act. The act calls for a cooperative program between local
				  government and the state. It provides for a variety of means of enforcement,
				  including civil and criminal penalties, orders to cease and desist, orders to
				  take corrective action, and permit rescission. The following should be used in
				  addition to other mechanisms already in place at the local level and does not
				  preclude other means of enforcement.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-240, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part II - SHORELINE MANAGEMENT ACT ENFORCEMEN › Section 173-27-250 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions contained in WAC
				  173-27-030 shall apply in this
				  part also except that the following shall apply when used in this part of the
				  regulations:
(1) "Permit" means any
				form of permission required under the act prior to undertaking activity on
				shorelines of the state, including substantial development permits, variances,
				conditional use permits, permits for oil or natural gas exploration activities,
				permission which may be required for selective commercial timber harvesting,
				and shoreline exemptions; and
(2)
				"Exemption" means authorization from local government which establishes that an
				activity is exempt from substantial development permit requirements under WAC
				173-27-040, but subject to
				regulations of the act and the local master program.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-250, filed 9/30/96,
					 effective 10/31/96.