40.460.740 Commencement of Development Activity and Permit Validity

A.    No construction pursuant to a substantial development permit, shoreline variance or shoreline conditional use authorized by this Program shall begin or be authorized and no building, grading or other construction permits shall be issued by county until twenty-one (21) days from the date the permit decision was filed or until all review proceedings are terminated.

B.    Construction may be commenced no sooner than thirty (30) days after the date the appeal of the Shorelines Hearings Board’s decision is filed if a permit is granted by the local government, and:

1.    The granting of the permit is appealed to the Shorelines Hearings Board within twenty-one (21) days of the date of filing;

2.    The Hearings Board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit; and

3.    An appeal for judicial review of the Hearings Board decision is filed pursuant to Chapter 34.05 RCW.

    Any applicant who wishes to begin construction pursuant to this section prior to termination of all review proceedings does so at the applicant’s own risk.

C.    Construction activities shall be commenced, or where no construction activities are involved, the use or activity shall be commenced, within two (2) years of the effective date of a shoreline substantial development permit. The Shoreline Administrator may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of proposed extension is given to parties of record on the substantial development permit and to the department.

D.    Authorization to conduct construction activities shall terminate five (5) years after the effective date of a substantial development permit. The Shoreline Administrator may authorize a single extension if it has been filed before the expiration date and notice of the proposed extension is given to parties of record and Ecology.

(Added: Ord. 2012-07-16)