Chapter 16.24
SUBSTANTIAL DEVELOPMENT PERMITS

Sections:

16.24.010    Application form and fees.

16.24.015    Statement of exemption.

16.24.020    Exemptions.

16.24.030    Bonding requirements.

16.24.010 Application form and fees.

No substantial development shall be undertaken on shorelines of the city without first obtaining a substantial development permit from the hearing examiner. Applications for such permits shall be made on forms provided by the administrator. (Ord. 2089 § 6 (part), 2004)

16.24.015 Statement of exemption.

A. A statement of exemption must be obtained from the administrator for a development that is exempt from shoreline substantial development permit requirements, but which requires other permit approvals, such as a building permit. This statement will verify that the development is exempt. The statement will also list any provisions that must be followed to ensure that the development is consistent with the shoreline master program and the Act. The statement of exemption shall be attached to the other permit approvals.

B. Whenever a development falls within the exemption criteria listed above and is subject to a U.S. Army Corps of Engineers Section 10 or Section 404 permit, the administrator shall prepare a statement of exemption and send a copy of this statement to the Washington Department of Ecology.

C. Before issuing a statement of exemption, the administrator shall review the master program to determine if the proposed development requires a shoreline conditional use permit and/or a variance. It may be necessary for the administrator to conduct a site inspection to ensure that the proposed development meets the exemption criteria.

D. A site plan shall be submitted that meets the requirements of SMC 18.56.050. (Ord. 2089 § 6 (part), 2004)

16.24.020 Exemptions.

A. Exempt developments, which are outlined below in subsection C of this section, shall not require a substantial development permit. However, an exempt development may require a conditional use permit and/or a variance from the shoreline master program provisions.

B. An exemption from the substantial development permit requirements does not constitute an exemption from the policies and use regulations of the Shoreline Management Act, the provisions of the shoreline master program, and other applicable city, state, or federal permit requirements.

C. The following shall not be considered substantial developments for the purpose of the shoreline master program:

1. Any development of which the total cost or fair market value, whichever is higher, does not exceed $5,000, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state. The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials;

2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. “Normal repair” means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair causes substantial adverse effects to the shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment;

3. Construction of a normal protective bulkhead common to single-family residences. A “normal protective bulkhead” is constructed at or near the ordinary high water mark to protect a single-family residence and is for protecting land from erosion, not for the purpose of creating dry land. Where an existing bulkhead is being replaced, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings;

4. Emergency construction necessary to protect property from damage by the elements. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with the Act or the shoreline master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency;

5. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, and the construction and maintenance of irrigation structures including, but not limited to, head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the area 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;

6. Construction by an owner, lessee, or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not have a building height that exceeds 30 feet and meets all requirements of the state agency or local government having jurisdiction thereof;

7. Construction of a dock, including community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of a single-family residence or multifamily residences. The fair market value of the dock does not exceed $10,000, but any subsequent construction having a fair market value exceeding $2,500 occurs within five years of completing of the prior construction, a substantial development permit is required;

8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

9. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with the normal public use of the surface waters;

10. 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 part of an agricultural drainage or diking system;

11. Any project with certification from the Governor pursuant to chapter 80.50 RCW;

12. Watershed restoration projects as defined in WAC 173-27-040. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within 45 days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration;

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

a. The activity does not interfere with the normal public use of the surface waters;

b. 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;

c. The activity does not involve the installation of any structure, and upon completion of the activity, the vegetation and land configuration of the site are restored to conditions existing before the activity;

d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions;

14. The process of removing or controlling aquatic noxious weeds, 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 Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW;

15. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply:

a. The project has been approved in writing by the Washington State Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose;

b. The project has received hydraulic project approval by the Washington State Department of Fish and Wildlife pursuant to chapter 75.20 RCW; and

c. The city has determined that the project is consistent with the local shoreline master program. The city shall make such determination in a timely manner and provide it by letter to the project proponent;

16. Hazardous substance remedial actions. The procedural requirements of the shoreline master program shall not apply to a project for which a consent decree, order or agreed order has been 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, in consultation with the city, assure that such projects comply with the substantive requirements of chapter 90.58 RCW, chapter 173-26 WAC and the shoreline master program. (Ord. 2089 § 6 (part), 2004)

16.24.030 Bonding requirements.

The hearing examiner may require the applicant to post a bond in favor of the city of Sumner to assure full compliance with any terms and conditions imposed by the hearing examiner on any substantial development permit. Said bond shall be in an amount to reasonably assure the city that any deferred improvement will be carried out within the time stipulated. (Ord. 2089 § 6 (part), 2004)