40.460.140 Governing Principles

A.    The goals, policies, and regulations of this Program are intended to be consistent with the state shoreline guidelines in Chapter 173-26 WAC. The goals, policies and regulations are informed by the governing principles in WAC 173-26-186, and the policy statements of RCW 90.58.020.

B.    Any inconsistencies between this Program and the Act must be resolved in accordance with the Act.

C.    Regulatory or administrative actions contained herein must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property.

D.    The regulatory provisions of this Program are limited to shorelines of the state, whereas the planning functions of this Program extend beyond the designated shoreline boundaries, given that activities outside the shoreline jurisdiction may affect shorelines of the state.

E.    The policies and regulations established by this Program must be integrated and coordinated with those policies and rules of the Clark County Comprehensive Growth Management Plan and development regulations adopted under the Growth Management Act (Chapter 36.70A RCW) and RCW 34.05.328, Significant legislative rules.

F.    Protecting the shoreline environment is an essential statewide policy goal, consistent with other policy goals. This Program protects shoreline ecosystems from such impairments in the following ways:

1.    By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines.

2.    By including policies and regulations that require mitigation of adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing in WAC 173-26-201(2)(e)(i), Comprehensive Process to Prepare or Amend Shoreline Master Programs.

3.    By including policies and regulations to address cumulative impacts, including ensuring that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities.

4.    By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such functions have been identified.

(Added: Ord. 2012-07-16)