40.460.220    Shoreline Substantial Development Permit Required

A.    General Requirements.

1.    Substantial development as defined by this Program and RCW 90.58.030(3)(e) shall not be undertaken by any person on the shorelines of the state without first obtaining a substantial development permit from the Shoreline Administrator, unless the use or development is specifically identified as exempt from a substantial development permit, in which case a letter of exemption is required.

2.    The Shoreline Administrator may grant a substantial development permit only when the development proposed is consistent with the policies and procedures of Chapter 90.58 RCW, the provisions of Chapter 173-27 WAC, and this Program.

3.    Within an urban growth area a shoreline substantial development permit is not required on land that is brought under shoreline jurisdiction due to a shoreline restoration project creating a landward shift in the OHWM.

(Amended: Ord. 2018-11-06)

B.    Developments Not Subject to the Act.

1.    Native American tribes’ actions on tribal lands and federal agencies’ actions on federal lands are not required, but are encouraged, to comply with the provisions of this Program and the Act. Nothing in this Program shall affect any rights established by treaty to which the United States is a party.

2.    Environmental excellence programs entered into under Chapter 43.21K RCW.

3.    Any project with a certification from the Governor pursuant to Chapter 80.50 RCW (certification from the State Energy Facility Site Evaluation Council).

(Amended: Ord. 2012-07-16; Ord. 2018-11-06)

C.    Developments Not Required to Obtain Shoreline Permits or Local Reviews.

    Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to the following developments, pursuant to WAC 173-27-044:

1. 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 Ecology when it conducts a remedial action under Chapter 70.105D RCW.

2.    Washington State Department of Transportation (WSDOT) safety and maintenance projects and activities meeting the conditions of RCW 90.58.356.

3.    Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit.

(Added: Ord. 2018-11-06)