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Chapter 19.08
SHORELINE MANAGEMENTSections:
19.08.010 Findings.
19.08.020 Statutory authority.
19.08.030 Applicability.
19.08.040 Definitions.
19.08.050 Administration by planning commission.
19.08.060 Shoreline technical committee.
19.08.070 Map.
19.08.080 Permit —Required.
19.08.090 Permit —Application.
19.08.100 Permit —Notice of application.
19.08.110 Permit —Requirements.
19.08.120 Permit —Hearing examiner recommendation.
19.08.130 Permit —Board action.
19.08.140 Appeals.
19.08.150 Enforcement.
19.08.010 Findings.
The board finds that protection of private property rights consistent with the public interest in the utilization, protection, restoration and preservation of the shorelines of the county, and the need to prevent the inherent harm of an uncoordinated and piecemeal development of such shorelines, require that the use and development of them be regulated and, whereas the legislature has vested the county with responsibility for such regulation, the provisions of this chapter are adopted. (Ord. dated 1/23/84 (part): prior code § 14.19.010)
19.08.020 Statutory authority.
This chapter is adopted pursuant to RCW Chapter 90.58. (Ord. dated 1/23/84 (part): prior code § 14.19.020)
19.08.030 Applicability.
The provisions of this chapter shall apply to all shorelines of the state as defined by Section 19.08.040(F) within the county. (Ord. dated 1/23/84 (part): prior code § 14.19.030)
19.08.040 Definitions.
For the purposes of this chapter:
A. “Development” means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling, removal of sand, gravel or minerals, bulkheading, driving of piling, placing of obstructions, or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlaying lands subject to the provisions of this chapter at any state of water level.
B. “Master program” means the comprehensive shoreline plan for the county and the use regulations together with maps, diagrams, charts, or other descriptive material and text promulgated in accordance with the policies set forth in RCW 90.58.020.
C. “Ordinary high water mark” means, with respect to any river, lake or stream, that mark which will be found by examining the bed and banks to ascertain where the presence and action of waters are so common and usual and so long continued in ordinary years as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation, as that condition exists on the effective date of the ordinance codified in this chapter. Where such mark cannot be found it shall be ascertained by use of the most recent geological survey maps available.
D. “Shoreline” means all water areas of the state, including reservoirs and their associated wetlands, together with the lands underlaying them, except:
1. Shorelines of statewide significance;
2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such segments; and
3. Shorelines on lakes less than twenty acres in size and the wetlands associated with such lakes.
E. “Shorelines of statewide significance in the county” means the following:
1. Those lakes, whether natural, artificial or a combination thereof having a surface acreage of one thousand acres or more as measured at the ordinary high water mark;
2. The Columbia River;
3. Those wetlands associated with such lakes and said river.
F. “Shorelines of the state” means the total of all shorelines and shorelines of statewide significance within the state.
G. “Substantial development” means any development the total cost or fair market value of which exceeds one thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except, that the following shall not be considered substantial developments for the purposes of this chapter:
1. Normal maintenance or repair of existing structures or developments, including damage by accidents or elements;
2. Construction of the normal protective bulkhead common to single-family residences;
3. Emergency construction necessary to protect property from damage by the elements;
4. Construction of a barn or similar agricultural structure on wetlands;
5. Construction or modification of navigational aids such as channel markers and anchor buoys;
6. Construction on wetlands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which does not exceed a height of thirty-five feet above average ground level and which meets all requirements of the state or local governmental entity having jurisdiction there, other than the requirements imposed by this chapter.
H. “Wetlands” or “wetland areas” means those lands extending landward for five hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark, and all marshes, bogs, swamps, floodways, river deltas, and floodplains associated with the streams and lakes which are subject to the provisions of this chapter. (Ord. dated 1/23/84 (part): prior code § 14.19.040)
19.08.050 Administration by planning commission.
The planning department shall administer the rules and regulations relating to shoreline development permits, and may prepare and require the use of such forms as are essential to such administration. (Ord. dated 1/23/84 (part): prior code § 14.19.050)
19.08.060 Shoreline technical committee.
The planning commission may appoint a shoreline technical committee to advise and therewith consult in the effectuation of the purposes of this chapter. (Ord. dated 1/23/84 (part): prior code § 14.19.060)
19.08.070 Map.
Shorelines of the state located within the county may be designated on an official shorelines map to be kept in the office of the planning department. (Ord. dated 1/23/84 (part): prior code § 14.19.080)
19.08.080 Permit—Required.
No person shall begin substantial development of any shorelines or part thereof to which this chapter applies unless he first has obtained a permit therefor. (Ord. dated 1/23/84 (part): prior code § 14.19.100)
19.08.090 Permit—Application.
Application for such permit shall be made to the planning department on forms supplied by it, which shall contain:
A. The name and address of the applicant;
B. The location and legal description of the proposed substantial development;
C. The present use of the property;
D. A description of the proposed substantial development;
E. A short statement explaining how the proposed substantial development is to be consistent with the policies of RCW Chapter 90.58;
F. Such information as may be required by current rules and regulations adopted pursuant to such statute;
G. Such information as the planning department may deem necessary in relation to the permit applied for; and
H. The signature of the applicant or its authorized agent. (Ord. dated 1/23/84 (part): prior code § 14.19.110)
19.08.100 Permit—Notice of application.
A. The planning department shall, upon receiving a proper application for a shoreline development permit, instruct the applicant to publish notice thereof not less than once per week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the county.
B. Any interested person shall be allowed to submit his views upon the application in writing to the planning department within thirty days of the last publication of such notice, and upon making request in such manner shall be entitled to receive a copy of the action taken upon the application. (Ord. dated 1/23/84 (part): prior code § 14.19.120)
19.08.110 Permit—Requirements.
A. After the State Department of Ecology approves or adopts an applicable master program, a permit shall not be issued unless the proposed development is consistent with the following:
1. The master program; and
2. The policy set forth in RCW 90.58.020.
B. A permit shall not be issued for commercial cutting of any timber situated within five hundred feet abutting landward within the county except for selective cutting, such that not more than thirty percent of the merchantable trees may be harvested within any period of ten years; except, that other harvesting methods may be permitted where the topography, soil conditions or silvicultural practices necessary for regeneration render selective cutting ecologically detrimental, and clear cutting solely incidental to the preparation of land for other uses permitted under this chapter. (Ord. dated 1/23/84 (part): prior code § 14.19.090)
19.08.120 Permit—Hearing examiner recommendation.
A. The hearing examiner shall, upon receiving a proper application for a shoreline development permit, formulate a decision based upon the policies set forth in Section 19.08.110, as to whether such permit shall be granted or denied and shall transmit such decision in writing to the Department of Ecology.
B. In formulating such decision, the hearing examiner shall consider the application based on information therefrom, written comments from any interested parties, the advice of the members of the shoreline technical committee, independent study by the planning commission and its staff, and views expressed during any public hearing which may be held by the hearing examiner.
C. The hearing examiner may require the applicant to furnish information concerning the proposed substantial development in addition to that required in the application. (Res. CE 93-034 (part); Ord. dated 1/23/84 (part): prior code § 14.19.130)
19.08.130 Permit—Board action.
A. The board may rescind any permit upon a finding that the permittee has not complied with the conditions of the permit.
B. Every permit entailing a variance or conditional use under the approved master program shall be submitted to the State Department of Ecology for approval thereof. (Res. CE 93-034 (part); Ord. dated 1/23/84 (part): prior code § 14.19.140)
19.08.140 Appeals.
A. Any person who deems himself aggrieved by any action pertaining to a shoreline development permit may seek a review thereof by filing a request for such review with the State Shoreline Hearing Board, the State Department of Ecology and the State Attorney General within thirty days of receipt of the final order of such action.
B. The county may appeal to the State Shorelines Hearing Board, any rule, regulation, guideline, designation or master program pertaining to shorelines of the state which may be approved by the State Department of Ecology, within thirty days of receipt of such adoption or approval. (Ord. dated 1/23/84 (part): prior code § 14.19.150)
19.08.150 Enforcement.
The prosecuting attorney shall bring such declaratory, injunctive or other proceeding as may be necessary to assure that no uses be made of the shorelines of the state located within the county contrary to the provisions of this chapter or of RCW Chapter 90.58, and shall otherwise enforce RCW 90.58.210 through 90.58.230. (Ord. dated 1/23/84 (part): prior code § 14.19.070)