Chapter 30.44
SHORELINE PERMITS

Sections:

PART 000 - GENERAL PURPOSE AND APPLICABILITY

30.44.010    Purpose and applicability.

30.44.020    Development not subject to the Shoreline Management Act.

30.44.030    Compliance with other laws.

30.44.040    Letter of exemption from the shoreline substantial development permit requirements.

30.44.050    Relationship to shoreline management program.

PART 100 - PERMIT REQUIREMENTS AND REVIEW STANDARDS

30.44.110    Shoreline substantial development, conditional use, and variance permits.

30.44.120    Exemptions from shoreline substantial development permits.

30.44.125    Application of the permit system to shoreline substantial developments undertaken prior to the act.

30.44.130    Review criteria for all shoreline development permits.

30.44.140    Additional review criteria for shoreline conditional use permits.

30.44.145    Additional review criteria for shoreline conditional use permits - Aquaculture.

30.44.150    Additional review criteria for a shoreline variance permit.

30.44.160    Non-conforming shoreline uses or structures.

PART 200 - PROCESS REQUIREMENTS

30.44.205    Submittal requirements for shoreline permits.

30.44.210    Procedures for shoreline permits.

30.44.220    Time requirements for shoreline permits.

30.44.225    Special procedures for limited utility extensions and bulkheads.

30.44.226    Special procedures for watershed restoration projects.

30.44.230    Filing with the state Department of Ecology.

30.44.240    Shoreline conditional use and variance permits - review required by state.

30.44.250    Appeals.

30.44.260    Reapplication.

30.44.270    Revisions to shoreline permits.

30.44.280    Emergency activities.

30.44.290    Fees.

30.44.295    Rescission of shoreline permits.

PART 000 - GENERAL PURPOSE AND APPLICABILITY

30.44.010 Purpose and applicability.

(1) The purpose of this chapter is to establish a program for the administration and enforcement of the permit system for shoreline management provided by the Shoreline Management Act of 1971 (chapter 90.58 RCW).

(2) This chapter applies to all shorelines of the state within Snohomish County.

(3) All development in shoreline jurisdiction shall comply with the policy, provisions, and intent of the Snohomish County Shoreline Management Program (SMP) even when no permit is required unless exempt pursuant to SCC 30.44.020.

(4) Where there are conflicts with this chapter and other provisions of this title, the provisions of this chapter shall apply.

(5) Definitions contained in the Shoreline Management Act of 1971 (chapter 90.58 RCW) and the Shoreline Master Program Guidelines (chapter 173-26 WAC) shall apply to all terms used in this chapter, provided that definitions contained in this title shall be applicable where not in conflict with the Shoreline Management Act and the Shoreline Master Program Guidelines.

(6) Applicability of this chapter to federal lands will be determined as follows:

(a) Applicability of this chapter to federal agency activities will be determined pursuant to WAC 173-27-060;

(b) This chapter shall apply to all nonfederal developments, uses and modifications undertaken on federal lands and on lands subject to nonfederal ownership, mining claim, lease or easement even though such lands may fall within the external boundaries of a federal ownership; and

(c) Shorelines of the state within the external boundaries of federal ownership are designated in accordance with SCC 30.67.220.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.020 Development not subject to the Shoreline Management Act.

The following developments are not required to meet the requirements of the Shoreline Management Act, chapter 90.58 RCW, as described below:

(1) 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 procedural requirements of the Shoreline Management Act shall not apply to 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 of ecology shall ensure compliance with the substantive requirements of chapter 90.58 RCW 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.

(3) The holder of a certification under chapter 80.50 RCW shall not be required to obtain a permit under chapter 90.58 RCW or the Snohomish County Shoreline Management Program.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.030 Compliance with other laws.

Nothing in this chapter shall be construed as excusing a person from compliance with any other local, state, or federal statute, ordinance, or regulation applicable to a proposed development.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.040 Letter of exemption from the shoreline substantial development permit requirements.

When a development falls within the exemptions stated in SCC 30.44.020 or 30.44.120, the department shall prepare a letter addressed to the applicant and the regional office of the department of ecology, exempting the development from the shoreline substantial development permit requirements of chapter 90.58 RCW when either of the following applies:

(1) The development is subject to a U.S. Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899, or a Section 404 permit under the federal Water Pollution Control Act of 1972; or

(2) The property owner requests an official letter of exemption.

(3) All shoreline exemptions shall be tracked within the county AMANDA data base tracking system.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.050 Relationship to shoreline management program.

This chapter implements chapter 173-27 WAC but is not adopted as part of the SMP.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 100 - PERMIT REQUIREMENTS AND REVIEW STANDARDS

30.44.110 Shoreline substantial development, conditional use, and variance permits.

Except as provided under SCC 30.44.020, a shoreline substantial development, conditional use or variance permit is required prior to development within the county’s shoreline jurisdiction as follows:

(1) A shoreline substantial development permit is required for shoreline development in conjunction with allowed uses and modifications pursuant to the SMP unless exempt pursuant to SCC 30.44.120;

(2) A development or use that is listed as a conditional use or is an unlisted use in the SMP pursuant to SCC 30.67.430(1), unless otherwise prohibited pursuant to SCC 30.67.420, must obtain a shoreline conditional use permit even though the development or use may not require a substantial development permit; and

(3) A shoreline variance permit is required when requesting relief from specific bulk, dimensional or performance standards in the SMP.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.120 Exemptions from shoreline substantial development permits.

(1) The following types of development must be consistent with the policies and provisions of the Shoreline Management Act and the SMP, but are not considered shoreline substantial developments for purposes of this chapter and are not required to obtain a shoreline substantial development permit:

(a) Any development of which the total cost or fair market value, whichever is higher, does not exceed the dollar threshold established or as hereafter adjusted by the state office of financial management pursuant to WAC 173-27-040(2)(a), provided such development does not materially interfere with the normal public use of the water or shorelines of the state;

(b) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

(c) Construction of the normal protective bulkhead common to single family residences;

(d) Emergency temporary construction necessary to protect property from damage by the elements consistent with the provisions in SCC 30.44.280;

(e) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

(f) Construction or modification of navigational aids, such as channel markers and anchor buoys;

(g) Construction on shorelands by an owner, lessee, or contract purchaser, of a single family residence for owner or owner’s family use, which residence does not exceed a height of 35 feet above average grade level, and which meets all requirements of the state and local governments having jurisdiction thereof, other than requirements imposed pursuant to this title. Construction authorized under this exemption shall be located landward of the ordinary high water mark;

(h) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences. For the purpose of this section, a "dock" is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies to docks for which the cost or fair market value, whichever is higher, does not exceed:

(i) $2,500 in salt waters; or

(ii) $10,000 in fresh waters, but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

(i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands;

(j) The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

(k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

(l) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

(i) the activity does not interfere with the normal public use of the surface waters;

(ii) the activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

(iii) the activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

(iv) a private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the county to ensure that the site is restored to preexisting conditions; and

(v) the activity is not subject to the permit requirements of RCW 90.58.550 for oil or natural gas exploration in marine waters;

(m) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the state department of agriculture or the department or ecology jointly with other state or local agencies under chapter 43.21C RCW;

(n) A public or private project that is designed to improve fish or wildlife habitat or fish passage when the criteria in RCW 90.58.147 are met; and

(o) Watershed restoration projects as defined in RCW 89.08.460.

(2) Whenever a development falls within the exemptions enumerated in this section, and the development is subject to a U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899 or a section 404 permit under the Federal Water Pollution Control Act of 1972, Snohomish County shall prepare a letter addressed to the applicant and the regional office of the Department of Ecology, indicating the specific exemption provision that is being applied to the development and providing a summary of the county’s analysis of the consistency of the development with the Shoreline Management Act and the SMP.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.125 Application of the permit system to shoreline substantial developments undertaken prior to the act.

(1) Shoreline substantial development, as determined by actual construction or development begun upon the shoreline, as opposed to preliminary engineering or planning, undertaken on shorelines of the state prior to the effective date of the Shoreline Management Act (SMA), and continuing thereafter, shall not require a permit, except under the following circumstances:

(a) Where the activity was unlawful prior to the effective date of the act;

(b) Where there has been an unreasonable period of dormancy in the project between its inception and the effective date of the act;

(c) Where the development is not completed within two years of the effective date of the act;

(d) Where shoreline substantial development occurred prior to the effective date of the act, and continued on to a different shoreline of the state after the effective date of the act; or

(e) Where shoreline substantial development occurred prior to the effective date of the act, and continued into other phases that were not part of the plan being followed at the time construction commenced.

(2) The effective date of the SMA is the most recent of the following dates applicable to the shoreline jurisdiction where the substantial development is occurring:

(a) June 1, 1971;

(b) When a change in the area subject to the jurisdiction of the SMA occurs as a result of a determination of jurisdiction by the state Department of Ecology based on the provisions of RCW 90.58.030 (2)(d) or (e), the effective date of the act shall be the date the state Department of Ecology provides written notice of the change to the county; or

(c) When a change in the area subject to the jurisdiction of the SMA occurs as a result of an updated shoreline master program that supersedes the jurisdiction lists in chapter 173-18, 173-20 and 173-22 WAC, the effective date of the SMA shall be the date the state Department of Ecology approves the updated master program.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.130 Review criteria for all shoreline development permits.

(1)(a) No authorization to use or develop shorelines of the state shall be granted by the county unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act, the SMP and other applicable statutes, plans, regulations and policies. The county shall review all shoreline permit applications for compliance with the SMP in accordance with the decision flow chart shown in figure 30.44.130(1)(b).

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

Figure 30.44.130(1)(b)

Decision Flow Chart for Shoreline Permit Review

(2) All proposed uses and development shall be consistent with the policies, procedures and provisions of the Shoreline Management Act and the SMP, even when no permit is required.

(3) Decisions on shoreline substantial development, shoreline conditional use, and shoreline variance permits shall comply with the following provisions and procedures as applicable:

(a) The county’s decision shall be based on information from the complete application, written comments from interested persons and observations from a site inspection. The county’s decision shall contain findings based upon the record and conclusions which support the decision. Such findings and conclusions shall demonstrate how the decision is consistent with the SMP.

(b) In approving a shoreline substantial development, shoreline conditional use, or shoreline variance permit, the county may impose any conditions necessary to carry out the intent of and assure compliance with the SMP and the Shoreline Management Act. Such conditions shall be part of the permit, and shall be binding upon the applicant and the applicant’s successors or assigns. The permit and conditions shall be appealable under SCC 30.44.250, and enforceable under chapter 30.85 SCC.

(4) Development undertaken pursuant to the issuance of a permit shall be limited to that specifically delineated on the official site plan submitted by the applicant and approved by the department. The development shall comply with any and all conditions imposed upon such permit at its issuance, including any impact mitigation measures identified in documents submitted in support of the application.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.140 Additional review criteria for shoreline conditional use permits.

(1) Uses or modifications requiring a conditional use permit pursuant to SCC 30.44.110 may be allowed only when the applicant can demonstrate all of the following:

(a) That the proposed use will be consistent with the policies of RCW 90.58.020 and the SMP;

(b) That the proposed use will not interfere with the normal public use of public shorelines;

(c) That the proposed use and development of the site and design of the project will be compatible with other permitted and planned uses within the area;

(d) That the shoreline development proposal will not result in significant adverse impacts on the shoreline environment and that the cumulative impact of additional requests for like actions in the area will remain consistent with the policies of the Shoreline Management Act and the SMP; and

(e) That the proposed use will not cause a substantial detrimental effect on the public interest.

(2) Conditions may be attached to a shoreline conditional use permit to prevent loss of ecological functions, to ensure consistency with the Shoreline Management Act and the SMP, and to address cumulative impacts of the use or modification to the extent reasonably related to the proposed development and limited to the development’s proportionate share of such cumulative impacts.

(3) A shoreline conditional use permit shall not become final until approved by the state Department of Ecology pursuant to SCC 30.44.240.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.145 Additional review criteria for shoreline conditional use permits - Aquaculture.

In addition to the shoreline permit requirements and review criteria in this chapter, shoreline conditional use permits for aquaculture activities are subject to the requirements in SCC 30.67.510.

(Added by Ord. 13-098, December 11, 2013, Eff date May 27, 2014)

30.44.150 Additional review criteria for a shoreline variance permit.

The purpose of a shoreline variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the SMP where there are extraordinary circumstances relating to the physical character or configuration of property such that strict implementation of the SMP would impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.

(1) Shoreline variance permits should be granted in circumstances where denial of the variance permit would result in a thwarting of the policy enumerated in RCW 90.58.020.

(2) Shoreline variance permits for development or allowed uses pursuant to SCC 30.67.430 located landward of the ordinary high water mark and landward of a wetland may be authorized provided the applicant can demonstrate all of the following:

(a) That extraordinary circumstances exist on the project site;

(b) That the strict application of the bulk, dimensional or performance standards set forth in the SMP creates a hardship by precluding, or significantly interfering with, reasonable use of the property;

(c) That the hardship described in SCC 30.44.150(2)(b) 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 SMP, and not, for example, from deed restrictions or the applicant’s own actions;

(d) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Snohomish County comprehensive plan and SMP and will not cause adverse impacts to the shoreline environment;

(e) That the variance will not constitute a grant of special privilege not enjoyed by other properties in the area;

(f) That the variance requested is the minimum necessary to afford relief; and

(g) That the public interest will suffer no substantial detrimental effect.

(3) A shoreline variance permit for development or uses located waterward of the ordinary high water mark or within a wetland, may be authorized provided the applicant can demonstrate all of the following:

(a) That the proposal is consistent with the criteria established under SCC 30.44.150(2)(a) through (g); and

(b) That the public rights of navigation and use of the shorelines will not be adversely affected.

(4) In granting a shoreline variance permit, consideration shall be given to the cumulative impact of additional requests for like actions in the area. The cumulative impacts of similar variance requests in the area shall be consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.

(5) Variances from the use and modification regulations in SCC 30.67.420, 30.67.430 and 30.67.440 are prohibited.

(6) A shoreline variance permit shall not become final until approved by the state Department of Ecology pursuant to SCC 30.44.240.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.160 Non-conforming shoreline uses or structures.

Non-conforming shoreline uses or structures are regulated pursuant to SCC 30.67.450.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

PART 200 - PROCESS REQUIREMENTS

30.44.205 Submittal requirements for shoreline permits.

A complete application for a shoreline permit shall contain, at a minimum, the following information:

(1) The name, address, email and phone number of the property owner.

(2) The name, address, email and phone number of the applicant and the applicant’s representative if other than the property owner.

(3) The location of the property including the property address and parcel identification number for all parcels included in the application. When address and parcel identification numbers have not been assigned, location may be identified by section, township, range to the nearest quarter, quarter section or by latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location.

(4) The name of the associated water body. This should be the water body from which shoreline jurisdiction over the project is derived.

(5) A description of the proposal including the proposed use or uses and the activities necessary to accomplish the project.

(6) A description of the property as it now exists including physical characteristics and any improvements and structures.

(7) A description of the vicinity of the proposed project including identification of adjacent uses, structures and improvements, the intensity of adjacent development and physical characteristics of adjacent properties.

(8) A site development plan consisting of photographs, text, maps and elevation drawings, drawn to an appropriate scale clearly depicting the following information:

(a) The boundary of the parcel(s) of land upon which the development is proposed.

(b) The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline.

(c) Existing and proposed land contours shall be shown at intervals sufficient to accurately determine the existing character of the property and the extent of proposed changes to the land as a result of the development. Areas within the boundary of the proposal that will not be altered by the development may be indicated as such and contours may be approximated for that area.

(d) A delineation of all wetlands that are located within the boundary of the proposal and all wetland areas that will be altered or used as a part of the development.

(e) A description of the character of vegetation found on the site.

(f) The dimensions and locations of all existing and proposed buildings, structures and improvements, including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities.

(g) When applicable, a landscaping plan for the project.

(h) When applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section.

(i) The quantity in cubic yards, source and composition of any fill material that will be placed on the site whether temporary or permanent.

(j) The quantity in cubic yards, composition and destination of any excavated or dredged material that will be removed from the site or transferred on the site.

(k) A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties.

(l) Where applicable, the applicant shall provide a three-dimensional visual simulation, or other appropriate graphics, demonstrating the visual impact on the view of the county’s shorelines or other scenic resources from existing residential uses and public areas.

(m) On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of structures and uses on adjacent properties.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.210 Procedures for shoreline permits.

(1) Shoreline substantial development, shoreline conditional use, and shoreline variance permits are subject to all provisions of chapter 30.70 SCC, except as specifically modified by this chapter. Except for the additional requirement for Department of Ecology review of shoreline conditional use and shoreline variance permits pursuant to SCC 30.44.240, all applications shall be processed either as a Type 1 or Type 2 decision in accordance with chapters 30.71 or 30.72 SCC depending on the applicable circumstances set forth in SCC 30.44.210(2). Appeals of all shoreline permits shall be processed in accordance with SCC 30.44.250.

(2) A shoreline permit application shall be processed as a Type 2 permit if:

(a) The department recommends that a shoreline permit be denied; or

(b) The director determines that a shoreline permit application should be processed as a Type 2 decision based on the following factors:

(i) The presence of significant economic, health, safety, environmental and land use issues; or

(ii) The proposal conflicts with the SMP;

(3) The department shall notify the applicant, in writing, of the requirement for an open record hearing as soon as possible following the receipt of a complete application for a shoreline substantial development, shoreline conditional use, or shoreline variance permit and no later than 30 days following the publication of the notice of application pursuant to SCC 30.70.050, unless a longer period is agreed to in writing by the applicant.

(4) When processed as a Type 2 decision, an open record public hearing will be conducted after the environmental review required pursuant to chapter 30.61 SCC has been conducted and the applicable fees according to chapter 30.86 SCC have been paid.

(5) The county’s decision to approve or deny the shoreline permit shall be mailed within ten calendar days to the applicant and to all parties of record. In the case of shoreline conditional use and shoreline variance permits, the county’s decision shall contain a qualifying statement that the county’s decision is not final until the Department of Ecology’s approval and that review of the final decision will be in accordance with the appeal procedure in SCC 30.44.250.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.220 Time requirements for shoreline permits.

The following time requirements shall apply to all shoreline substantial development, shoreline conditional use, and shoreline variance permits:

(1) Each permit for a shoreline substantial development, conditional use or variance issued by the county shall contain a provision that construction shall not begin and is not authorized until 21 days from the date of receipt as defined in SCC 30.44.230(2), or until all review proceedings initiated within 21 days from the date of receipt have been terminated; except as provided in RCW 90.58.140(5)(a) and (b) or SCC 30.44.280.

(2) The effective date of an approved shoreline substantial development permit shall be the date of receipt as provided in SCC 30.44.230(2)(a). The effective date of an approved shoreline conditional use or variance permit shall be the date of receipt as provided in SCC 30.44.230(2)(b).

(3) Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. Substantial progress towards construction shall include, but not be limited to the letting of bids, making of contracts, purchase of materials involved in development, but shall not include development or initiation of uses which are inconsistent with the policies and regulations of the Shoreline Management Act and the SMP. The department may authorize a single extension for a period not to exceed one 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 on the substantial development permit and to the state Department of Ecology.

(4) Authorization to conduct development activities shall terminate five years after the effective date of a substantial development permit. The county may authorize a single extension for a period not to exceed one 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 to the state Department of Ecology.

(5) Determination of the time periods described in 30.44.220(3) and (4) shall not include the time during which construction or the use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals.

(6) Shoreline permits for mitigation banks and in-lieu fee programs addressing shoreline ecological functions shall expire five years after the effective date of an approved permit pursuant to SCC 30.44.220(2). The county may authorize extensions upon a finding of good cause, based on requirements and circumstances of the project proposed and consistent with the policy and provisions of the SMP and chapter 173-27 WAC, if a request for extension has been filed before the expiration date and provided that the Memorandum of Agreement, Mitigation Bank Instrument or other documentation authorizing the mitigation bank or in-lieu fee program remains valid. Notice of the proposed extension shall be given to all parties signatory to the authorizing documents, the state Department of Ecology and to all parties of record. Extensions may be granted as needed to fulfill the project phases outlined in the authorizing documentation provided that each granted extension is valid for a period not to exceed five years. In reviewing requests for extensions, if environmental conditions or life, health and safety issues arise that were not adequately addressed by the currently valid shoreline permit, shoreline permit conditions may be added or revised. If additions or revisions are necessary, a fee will be assessed as provided in SCC 30.86.310. Extensions of shoreline conditional use permits or shoreline variances must be approved by the state Department of Ecology.

(7) Nothing in chapter 30.44 SCC shall preclude the county from issuing permits with a fixed termination date of less than five years.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.225 Special procedures for limited utility extensions and bulkheads.

(1) An application for a substantial development permit for a limited utility extension, or 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 apply:

(a) The public comment period shall be 21 days. The notice of the application shall state the manner in which the public may obtain a copy of the county’s decision on the application no later than two days following its issuance; and

(b) The county shall issue its decision to grant or deny the permit within 21 days of the last day of the comment period specified in SCC 30.44.225(1)(a).

(2) For purposes of this section, a limited utility extension means the extension of a utility service that:

(a) Is categorically exempt under chapter 43.21C RCW for one or more of the following: natural gas, electricity, telephone, water, or sewer;

(b) Will serve an existing use in compliance with this chapter; and

(c) Will not extend more than 2,500 linear feet within the shorelines of the state.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.226 Special procedures for watershed restoration projects.

The county will review proposed watershed restoration projects, as defined in RCW 89.08.460, for consistency with the Shoreline Management Program (SMP) and the restoration element and issue its decision with any conditions within forty-five days of receiving a complete application form from the applicant. No fee will be charged to review proposed watershed restoration projects for compliance with the SMP.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.230 Filing with the state Department of Ecology.

(1) Any final decision by the county on an application for a shoreline permit or a shoreline permit revision shall be filed with the state Department of Ecology within ten calendar days of the county’s final decision, as defined pursuant to WAC 173-27-130(1). Documents to be submitted to the regional office of the state Department of Ecology shall include:

(a) A copy of the complete application;

(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);

(c) The final decision of the local government;

(d) The permit data sheet; and

(e) Where applicable, documents required by chapter 30.61 SCC and 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.

(2) For the purposes of this chapter, "date of receipt" refers to:

(a) The date on which the applicant receives written notice from the state Department of Ecology acknowledging receipt of the county’s final decision to approve or deny a shoreline substantial development permit; or

(b) The date on which the county or the applicant receives the written decision of the state Department of Ecology on a variance or conditional use permit to the county and to the applicant.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.240 Shoreline conditional use and variance permits - review required by state.

(1) All approvals of shoreline conditional use and variance permits require review from the state Department of Ecology pursuant to WAC 173-27-200. The permit approval shall be submitted to the state Department of Ecology pursuant to SCC 30.44.230(1).

(2) Within 30 days of the date of submittal to the state Department of Ecology by the county, the state Department of Ecology will transmit to the county and the applicant its final decision approving, approving with conditions, or denying the shoreline conditional use or variance permit.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.250 Appeals.

Any person aggrieved by the granting, denying or rescinding of a shoreline permit may seek review from the state shorelines hearings board by filing a petition for review within 21 days of the date of receipt as defined in SCC 30.44.230(2).

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.260 Reapplication.

After the final action regarding the denial of a shoreline permit, an application for a permit involving substantially the same development on the property shall not be accepted by the county for six months from the date of the denial.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.270 Revisions to shoreline permits.

(1) A permit revision is required whenever an applicant proposes substantive changes to the design, terms or conditions of a project from those that were approved in the shoreline permit. Changes are considered substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the SMP 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, the applicant must submit to the department detailed plans and text describing the proposed changes.

(2) If the department determines that the proposed changes are within the scope and intent of the original permit, and are consistent with the SMP and chapter 90.58 RCW, a revision may be approved. "Within the scope and intent of the original permit" as used in this section means all of the following:

(a) No additional over-water construction is involved except that pier, dock, or float construction may be increased by 500 square feet or ten percent from the provisions of the original permit, whichever is less;

(b) Lot 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 SMP except as authorized under a variance granted as the original permit or part thereof;

(d) Additional or revised landscaping is consistent with any of the conditions of the original permit and with the SMP;

(e) The use authorized in the original permit is not changed; and

(f) No adverse environmental impact will be caused by the project revision.

(3) Revisions to permits may be authorized after the original permit authorization has expired under SCC 30.44.220. The purpose of such revisions shall be limited to authorization of changes which are consistent with this section and which would not require a permit for the development or change proposed under chapter 90.58 RCW, the SMP and this section. If the proposed change constitutes substantial development, then a new permit is required. Provided, this subsection shall not be used to extend the time requirements of the original permit or to authorize substantial development beyond the time limits of the original permit.

(4) If the sum of the proposed revision and any previously approved revisions violate the provisions in SCC 30.44.270(3), the department shall require that the applicant apply for a new permit.

(5) The revision approval, including the revised site plans and text consistent with the provisions of SCC 30.44.205 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with the state Department of Ecology. In addition, the county shall notify parties of record of the action.

(6) If the revision to the original permit involves a conditional use or variance, the department shall submit the revision to the state Department of Ecology for approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of WAC 173-27-100(6). The state Department of Ecology shall render and transmit to the county and the applicant its final decision within 15 days of the date of its receipt of the submittal from the county. The department shall notify parties of record of the state Department of Ecology’s final decision.

(7) The revised permit is effective immediately upon final decision by the county or, when appropriate under SCC 30.44.270(6), upon final action by the state Department of Ecology.

(8) Appeals shall be to the state shorelines hearings board in accordance with RCW 90.58.180 and shall be filed within 21 days from the date of receipt of the county’s action by the state Department of Ecology or, when appropriate under SCC 30.44.270(6) of this section, the date the state Department of Ecology’s final decision is transmitted to the county and to the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of SCC 30.44.270(2). Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant’s own risk until the expiration of the appeal deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.280 Emergency activities.

The department may approve construction of temporary structures, uses or modifications in an emergency as defined in SCC 30.91E.100 without first requiring any required shoreline permits, as established in this section.

(1) Request for emergency construction shall be made in writing to the department. Emergency approvals shall be granted in writing by the department only when action must be taken immediately, or within a time too short to allow for processing of a permit. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the requirements of the SMP. Upon abatement of the emergency situation, any new use, modification or structure shall be removed or applications for any required project permits necessary to satisfy compliance with this chapter shall be submitted to the department within 120 days of the start of the action taken. For actions not requiring permits, compliance with this chapter shall occur within a reasonable time period not to exceed twelve months.

(2) A declaration of emergency for shoreline stabilization measures shall only be used to protect existing development or farmland, as defined in SCC 30.91F.140, or to prevent impairment of channel function, and only when one of the following exists:

(a) Imminent danger exists as a result of high water, and damage is expected due to flooding conditions for which appropriate flood warnings have been issued;

(b) Damage is occurring as a result of floodwaters at or exceeding flood stage as defined by the appropriate authority; or

(c) Property has been damaged and rendered unstable by previous flooding and is in such condition that future flooding will cause additional damage if protective measures are not taken; provided the county engineer has issued written approval of the emergency protective measures sought, such approval being based upon the following findings:

(i) Any protective measures do not exceed $5,000 in value as measured by the total cost or fair market value of the improvements, whichever is greater;

(ii) Insufficient time exists to obtain a shoreline permit prior to the likelihood of future flooding and/or seasonal deadlines for construction in streamway channels; and

(iii) The person seeking to undertake emergency protective measures has applied to the county engineer for approval of such emergency protective measures within 120 days of the occurrence of damage by previous flooding.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.290 Fees.

Except as provided in SCC 30.44.226, filing fees required for permits obtained pursuant to this chapter shall be paid to the department at the time an application is submitted. Applicable fees are set forth in SCC 30.86.310.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.44.295 Rescission of shoreline permits.

Whenever any development occurs in violation of a permit issued pursuant to this chapter, the county may, concurrent with or as an alternative to any other remedy provided by this title or other law or ordinance, initiate permit rescission proceedings by scheduling a public hearing before the hearing examiner and serving the applicant with written notice thereof. Notice shall be provided in accordance with SCC 30.70.045 and 30.70.050 and contain a general description of the alleged noncompliance and date, time and place of public hearing. It shall be served on the applicant by registered mail at least 15 calendar days prior to such hearing. The permit rescission request shall be processed as a Type 2 decision in accordance with the procedures established in chapter 30.72 SCC.

(Added Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)