40.460.710    Administrative Authority and Responsibility

A.    Shoreline Administrator and Shoreline Management Review Committee.

1.    The responsible official or his/her designee is the Shoreline Administrator for the county.

2.    The Shoreline Management Review Committee (SMRC), consisting of the Public Works Director (Chairman), Community Development Director, and the Parks and Lands Division Manager, or their designated representatives, shall convene as often as necessary on the call of the Chairman to review shoreline requests and permit applications for which the notice of application procedures of Chapter 173-27 WAC and this section have been completed. After considering the application and other relevant material, SMRC may, by majority vote, take one (1) of the following actions:

a.    Approve issuance of the permit;

b.    Approve the permit subject to certain specified conditions; or

c.    Formulate recommendations on the application to be forwarded to the Shoreline Administrator for action.

3.    The Shoreline Administrator, through the Shoreline Management Review Committee, shall have the authority to act upon the following matters:

a.    Interpretation, enforcement, and administration of this Program as prescribed in this title;

b.    Applications for shoreline management substantial development permits;

c.    Applications for shoreline conditional use permits;

d.    Applications for shoreline variances;

e.    Modifications or revisions to any of the above approvals; and

f.    Requests for statements of exemption.

4.    The Shoreline Administrator shall document all project review actions in shoreline areas in order to periodically evaluate the cumulative effects of authorized development on shoreline conditions per WAC 173-26-191.

(Amended: Ord. 2018-11-06)

B.    Clark County Planning Commission.

    The County Planning Commission shall be responsible for hearing and making recommendations for action to the County Council on the following types of matters:

1.    Amendments to the Shoreline Master Program. Any of the provisions of this Program may be amended as provided for in WAC 173-26-100 and 173-26-104.

2.    Review and Adjustments. Periodic review of this Program shall be conducted as required by state law and regulations (RCW 90.58.080(4)). Adjustments shall be made as necessary to reflect changing local circumstances, new information or improved data, and changes in state statutes and regulations. This review process shall be consistent with WAC 173-26-090 and shall include a local citizen involvement effort and public hearing to obtain the views and comments of the public.

(Amended: Ord. 2018-11-06)

C.    Clark County Council.

    The Council shall be responsible for making final determinations on amendments to this Program, which shall be adopted by ordinance. The Council shall enter findings and conclusions setting forth the factors it considered in reaching its decision. Amendments shall be submitted to and reviewed by Ecology.

(Amended: Ord. 2018-11-06)

D.    Ecology and the Attorney General.

1.    The duties and responsibilities of Ecology shall include, but are not limited to, the following:

a.    Reviewing and approving Program amendments prepared by the county pursuant to WAC 173-26-120 (State Process for Approving/Amending Shoreline Master Programs). Amendments or revisions to this Program, as provided by law, do not become effective until approved by Ecology.

b.    Final approval and authority to condition or deny shoreline conditional use permits and shoreline variance permits filed by the county.

2.    Ecology and the Attorney General have the authority to review and petition for review the county’s permit decisions. Petitions for review must be commenced within twenty-one (21) days from the date the final decision was filed.

E.    Ecology Review.

1.    Ecology shall be notified of any substantial development, conditional use or variance permit decisions made by the Shoreline Administrator, whether it is an approval or denial. The notification shall occur after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals has lapsed. When a substantial development permit and either conditional use or variance permit are required for a development, the submittal of the permits shall be made concurrently. The Shoreline Administrator shall file the following with Ecology and the Attorney General:

a.    A copy of the complete application per WAC 173-27-180;

b.    Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable 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 county;

d.    The permit data sheet per WAC 173-27-990;

e.    Affidavit of public notice; and

f.    Where applicable, the Shoreline Administrator shall also file the applicable documents required by the State Environmental Policy Act (Chapter 43.21C RCW).

2.    When the project has been modified in the course of the local review process, plans or text shall be provided to Ecology that clearly indicates the final approved plan.

3.    If Ecology determines that the submittal does not contain all of the documents and information required by this section, Ecology shall identify the deficiencies and notify the county and the applicant in writing. Ecology will not act on conditional use or variance permit submittals until the material requested in writing is submitted to them.

4.    Ecology shall convey to the county and applicant its final decision approving, approving with conditions, or disapproving the permit within thirty (30) days of the date of submittal by the county. The Shoreline Administrator will notify those interested persons having requested notification of such decision.

5.    Ecology shall base its determination to approve, approve with conditions or deny a conditional use permit or variance permit on consistency with the policy and provisions of the Act and the criteria listed in this Program.

6.    Appeals of Ecology decisions on conditional use and variance requests shall be made to the Shorelines Hearings Board as specified in Section 40.460.735(A).

F.    Master Program Amendments.

1.    This Program shall be periodically reviewed no later than eight (8) years following its approval by Ecology and adjustments shall be made as are necessary to reflect changing local circumstances, new information or improved date, and changes in State statutes and regulations. This review process shall be consistent with Chapter 173-26 WAC requirements and shall include a local citizen involvement effort and public hearing to obtain the views and comments of the public.

2.    Any of the provisions of this Program may be amended as provided for in RCW 90.58.120 and 90.58.200 and Chapter 173-26 WAC. Amendments or revisions to this Program, as provided by law, do not become effective until approved by Ecology.

3.    Proposals for shoreline redesignation (i.e., amendments to the shoreline maps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173-22-040.

(Amended: Ord. 2012-07-16; Ord. 2018-01-01)