40.460.060    Shoreline Permit Timelines

A.    The following time requirements from WAC 173-27-090 shall apply to all substantial development permits and to any development authorized pursuant to a shoreline variance or shoreline conditional use permit.

1.    Construction shall be commenced, or where no construction is involved, the use or activity shall be commenced within two (2) years of the effective date of a shoreline permit; provided, that local government 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 the proposed extension is given to parties of record and the department.

2.    Except as provided by WAC 173-27-090(1), authorization to conduct development activities shall terminate five (5) years after the effective date of a shoreline permit; provided, that local government 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 the proposed extension is given to parties of record and the department.

(Amended: Ord. 2004-06-11)

B.    The effective date of a shoreline permit shall be the date of the last action required on the shoreline permit and all other government permits and approvals that authorize the development to proceed, including all administrative and legal actions on any such permit or approval. It is the responsibility of the applicant to inform the local government of the pendency of other permit applications filed with agencies other than the local government and of any related administrative and legal actions on any permit and approvals. If no notice of the pendency of other permits or approvals is given to the local government prior to the date established by the shoreline permit or the provisions of this section, the expiration of a permit shall be based on the shoreline permit.

C.    When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, that an alternative compliance limit may be specified in the permit. Revision to permits under WAC 173-27-100 or Section 40.460.080, may be authorized after original permit authorization has expired under Section 40.460.070(A); provided, that this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit.

D.    Clark County shall notify the Washington Department of Ecology in writing of any change to the effective date of a permit, as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by this section shall require a new permit application.