Chapter 18S.10
INTRODUCTION Revised 3/20

Sections:

18S.10.010    Title.

18S.10.020    Purpose.

18S.10.025    Constitutional Protection.

18S.10.030    Applicability.

18S.10.040    Procedural Exemption.

18S.10.050    Interpretation.

18S.10.055    Recognition of Legally Established Development. Revised 3/20

18S.10.060    Coordination with Other Titles.

18S.10.065    Procedural Guidance.

18S.10.070    Compliance.

18S.10.080    Severability.

18S.10.090    Warning and Disclaimer of Liability.

18S.10.010 Title.

Title 18S PCC shall be officially cited as Title 18S PCC, Development Policies and Regulations – Shorelines, and may be referred to as Title 18S PCC. Title 18S PCC includes the shoreline policies, regulations, and shoreline environment designation maps. Title 18E PCC, Development Regulations – Critical Areas is incorporated by reference. Collectively, Title 18S PCC and Title 18E PCC make up the Pierce County Shoreline Master Program. (Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.10.020 Purpose.

The purpose of this Title is to implement the Shoreline Management Act (Act) in unincorporated Pierce County. There are three interrelated basic policy areas to the Act: (1) shoreline use; (2) environmental protection; and (3) public access. The Act expresses a preference for appropriate development that requires a shoreline location, protection of shoreline environmental resources, and protection of the public's right to access and use the shorelines (RCW 90.58.020).

The Act requires that "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shorelines..." Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single-family residences, ports, shoreline recreational uses, water-dependent industrial and commercial developments, and other developments that provide public access opportunities. To the maximum extent possible, the shorelines should be reserved for water-oriented uses, including water-dependent, water-related, and water-enjoyment uses.

The Act is intended to protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the waters of the state and their aquatic life..." against adverse effects. All development is required to mitigate adverse environmental impacts to the maximum extent feasible and preserve the natural character and aesthetics of the shoreline.

The overarching policy is that, "The public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the State shall be preserved to the greatest extent feasible, consistent with the overall best interest of the State and the people." Alterations of the natural conditions of the shorelines of the State, in those limited instances when authorized, shall be given priority for development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the State.

The Act also implements the common law Public Trust Doctrine. The essence of this court doctrine is that the waters of the State are a public resource for the purposes of navigation, conducting commerce, fishing, recreation, and similar uses, and that this trust is not invalidated by private ownership of the underlying land. The Doctrine limits public and private use of tidelands and other shorelands to protect the public's right to use the waters of the State.

The protection of ecological functions, and the aquatic and terrestrial life associated with shorelines, shall be integral in the consideration of all development in the shorelines. New land alterations and development shall not result in any net loss to ecological functions as implemented by the concept of mitigation sequencing.

A.    General Purpose. The general purpose of this Title is to implement the following:

1.    Shoreline Management Act (Act) (Chapter 90.58 RCW) which governs the development of Washington's shorelines. The Act requires the County to prepare and adopt a Shoreline Master Program (Master Program); and

2.    Washington State Department of Ecology (Ecology) Rules (Chapters 173-18, 173-20, 173-22, 173-26 and 173-27 WAC) that guide, along with the Act, the required contents of the Master Program.

B.    Specific Purpose. In implementing the above general purpose, the more specific purpose of this Title is to:

1.    Regulate the development of shorelines;

2.    Protect critical areas from the impacts of development;

3.    Protect development from the impacts of hazards areas;

4.    Achieve no net loss of ecological functions of shorelines; and

5.    Promote the public health, safety, and general welfare of the community.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.10.025 Constitutional Protection.

No person shall be deprived of property without due process of law; nor shall private property be taken for public use, without just compensation. (Ord. 2013-45s4 § 7 (part), 2015)

18S.10.030 Applicability.

A.    This Title applies to all shoreline use and development occurring in unincorporated Pierce County. For purposes of this Title, "shorelines" consist of:

1.    All marine waters;

2.    All rivers and streams downstream from a point where the mean annual flow is 20 cubic feet per second; and

3.    All lakes 20 acres in size or larger.

4.    For the shorelines listed in subsections A.1. through A.3. of this Section, this Title shall apply to the following:

a.    The waters themselves;

b.    Those shorelands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark (OHWM) of the water body;

c.    Associated wetlands; and

d.    River deltas.

5.    Floodways and contiguous floodplain areas landward 200 feet from such floodways.

6.    For the shorelines listed in subsections A.1. through A.5 of this Section, this Title shall also apply to the following:

a.    The air above the shoreline area; and

b.    The land below the shoreline area.

7.    Shorelines do not include land necessary for critical area buffers when the buffer is located outside areas identified in subsections A.4. through A.5. of this Section.

8.    The shoreline jurisdiction does not include land owned by tribal members or tribes within their tribal reservation, or lands held in trust by the federal government for tribes or tribal members.

FIGURE 18S.10-1 – Ordinary High Water Mark

(Ord. 2013-45s4 § 7 (part), 2015)

18S.10.040 Procedural Exemption.

For development exempt from the requirement to obtain a Shoreline Substantial Development Permit (SD), see PCC 18S.60.020, Shoreline Substantial Development Permit Exemptions. (Ord. 2013-45s4 § 7 (part), 2015)

18S.10.050 Interpretation.

A.    Any inconsistencies between the Shoreline Management Act (Act) and this Title shall be resolved in accordance with the Act. Within this Title, any ambiguities between the policies and the regulations shall be resolved in accordance with the policies. Furthermore, the provisions of other applicable County, State, and Federal regulations shall control when they establish more protective restrictions than are established in this Title, provided such regulations are consistent with the Act and this Title.

B.    Water dependent uses, to include associated incidental and necessary uses that are located within shoreline jurisdiction and regulated by this Title, shall not be regulated by the Use Tables of Title 18A PCC.

C.    When a provision of County Code conflicts with another provision in County Code, the more restrictive shall apply.

D.    In case of any ambiguity, difference of meaning, or inconsistencies between the text and any illustrations or other graphics and maps, the text throughout this Title, including text within tables, shall control.

E.    Terms that appear in this Title and one or more other Titles in the Title 18 PCC series are defined in Chapter 18.25 PCC. In instances where a specific term has one definition in Chapter 18.25 PCC and a different definition appears in this Title, the term in this Title shall apply. Terms found only in this Title are located in Chapter 18S.70 PCC – Appendix A. Except for words and terms defined in this Title and in Chapter 18.25 PCC, all words and terms used in this Title shall have their customary meanings.

1.    The term "shall" means a mandate and the action is required.

2.    The term "should" means that the particular action is required unless there is a demonstrated, compelling reason, based on a policy of the Shoreline Management Act and this Title for not taking the action.

3.    The term "may" indicates that the action is discretionary, provided it satisfies all other applicable regulations.

F.    Formal written administrative interpretations of this Title require consultation with Ecology to ensure consistency with the purpose and intent of Chapter 90.58 RCW and the applicable guidelines.

G.    When a site contains more than one regulated critical area, the standards and requirements for each identified feature shall be applied.

H.    Maps. The County Geographic Information System (GIS) includes the shoreline environment designation (SED) maps.

1.    Changes to County designated SED boundaries require a Shoreline Master Program (Master Program) Amendment which requires approval of the County Council and the Washington State Department of Ecology (Ecology). The SED of a shoreline cannot be changed with a Shoreline Variance or any other process addressed in this Title.

2.    Associated wetlands have the same designation as the adjacent SED. However, the determination of the exact boundary of an associated wetland, and corresponding shoreline jurisdiction boundary, would occur at the time of project review.

3.    If a shoreline has not been assigned an SED, it shall automatically be designated "Conservancy" until it can be designated through a Pierce County Shoreline Master Program Amendment.

4.    Divided Parcels.

a.    Where the County Council, as part of an ordinance approving this Title, approves SEDs that divide a parcel, the parcel shall be so divided, provided such boundaries are shown on the approved map and the parcel split is acknowledged in the ordinance. However, for parcels split by an Aquatic SED, the parcel shall be divided at the OHWM.

b.    Where the County Council, as part of an ordinance approving this Title, inadvertently approves SEDs that divide a parcel, the entire parcel shall be considered to be within the classification of the majority of the parcel; i.e., the portion which is greater than 50 percent of the lot area, except for those split by the Aquatic SED.

c.    Where SED boundaries are established by a road or railroad right-of-way, the center of the road right-of-way or railroad line will act as a boundary line between the SED classifications.

I.    As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and this Title shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies and regulations for which the Act and this Title were adopted.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.10.055 Recognition of Legally Established Development. Revised 3/20

This Section provides standards for legally established development subject to this Title.

A.    Applicability. This Section applies to shoreline uses, structures, and land divisions which were lawfully constructed or established prior to the effective date of the Shoreline Management Act (Act) or Shoreline Master Program (Master Program), or amendments thereto, but which do not conform to present regulations of this Title.

B.    General. Existing legally established structures and uses may continue to exist, be used, maintained and repaired. That is the case even if the Master Program includes regulations that would not allow new uses or development to be configured or built as they exist.

1.    For purposes of this Section, "expanded" or "expansion" means to expand into undeveloped portions of the lot or parcel, expansion of the use onto another parcel, an increase of the square footage of a building or the expansion of a building's footprint or height, an increase in number of buildings/structures, an increase in the hours of the operation, an increase in the noise, an increase in the total area under active cultivation, an increase in the number of motor vehicles associated with the use, an increase in the areas used for storage of equipment or materials, or an expansion of parking areas.

2.    The burden shall be on the property owner and/or applicant to prove that a use or structure was lawfully constructed or established.

3.    If a nonconforming use or use of a nonconforming structure is abandoned or discontinued for more than three years, the nonconforming rights shall expire and any subsequent use or structure shall be conforming. Aquaculture operations in a dormant or fallow status are not considered abandoned or discontinued. A use authorized pursuant to subsection E.3. of this Section shall be considered a conforming use for purposes of this subsection.

C.    Residential Structures. Residential structures and appurtenant structures that were legally established and are used for a conforming use but that do not meet standards for setbacks, buffers, or yard; area; bulk; height; or density may be considered a conforming structure. Redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure is allowed consistent with the Master Program, including requirements for no net loss of shoreline ecological functions and the following:

1.    Residential structures that were legally established which do not meet standards for setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon areas where construction or use would not be allowed for new structures.

2.    A residential structure may be moved to a location resulting in greater conformance with the Master Program and the Act.

3.    Structurally raising the floor elevation of an existing legally established single-family residence, which is necessary to protect the structure from flooding due to sea level rise, shall be allowed in accordance with the height limits set forth in PCC 18S.30.060, Scenic Protection and Compatibility.

4.    For purposes of this Section, "appurtenant structures" means garages, sheds, and other legally established structures. "Appurtenant structures" does not include bulkheads and other shoreline modifications or over-water structures.

5.    Nothing in this Section restricts the ability of the County to limit redevelopment, expansion, or replacement of over-water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or affects the application of other federal, state, or local government requirements to residential structures.

D.    Nonconforming Structures.

1.    Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new structures.

2.    A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this Section shall apply as they apply to preexisting nonconformities.

3.    A nonconforming structure may be moved to a location resulting in greater conformance with the Master Program and the Act.

4.    Structurally raising the floor elevation of an existing legally established nonconforming structure, which is necessary to protect the structure from flooding due to sea level rise, shall be allowed in accordance with the height limits set forth in PCC 18S.30.060, Scenic Protection and Compatibility.

E.    Nonconforming Uses.

1.    Uses that were legally established and are nonconforming with regard to the use regulations of the Master Program may continue as nonconforming uses. Such uses shall not be enlarged or expanded.

2.    A use which is listed as a conditional use but which existed prior to adoption of the Master Program or any relevant amendment thereto or which existed prior to the applicability of the Master Program to the site, and for which a Conditional Use Permit has not been obtained, shall be considered a nonconforming use.

3.    A structure or site which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a Shoreline Conditional Use Permit, provided the following findings are met:

a.    No reasonable alternative conforming use is practical; and

b.    The proposed use will be at least as consistent with the policies and provisions of the Act and the Master Program and as compatible with the uses in the area as the preexisting use.

c.    Such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Act, and to assure that the use will not become a nuisance or a hazard.

F.    Nonconforming Lots. An undeveloped lot, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of the Act or Master Program but which does not conform to the present lot size standards may be developed if permitted by applicable land use regulations and so long as such development conforms to all other requirements of the applicable Master Program and the Act.

G.    Restoration of Development Due to Damage. If a nonconforming use or nonconforming structure is damaged, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within three years of the date the damage occurred and all permits are obtained, and the restoration is completed within two years of permit issuance.

(Ord. 2019-59 § 1 (part), 2019; Ord. 2013-45s4 § 7 (part), 2015)

18S.10.060 Coordination with Other Titles.

In addition to this Title and Title 18E PCC, which together comprise the Shoreline Master Program, shoreline development may be subject to other Pierce County Code (PCC) Titles. Below is a list of some of the frequently used PCC Titles and Chapters which may be applicable to the review process of a shoreline development, or which may provide additional regulations applicable to the shoreline project site.

A.    Title 1 PCC. General Provisions.

1. Hearing Examiner Code. The provisions for public hearings, decisions, reconsiderations, and appeals are found in Chapter 1.22 PCC.

B.    Title 2 PCC. Administration.

1.    Fees. Fees for applications filed pursuant to this Title are found in Chapter 2.05 PCC.

2.    Current Use Assessment. Chapter 2.114 PCC defines the process by which a property owner may apply for current use property tax assessment, allowed pursuant to Chapter 84.34 RCW, providing an opportunity for certain categories of lands to have the tax structure based upon the "current use" rather than on the traditional fair market value system of "highest and best use."

C.    Title 13 PCC. Sewer Code.

D.    Title 17A PCC. Construction and Infrastructure Regulations – Site Development and Stormwater Drainage.

E.    Title 17C PCC. Construction and Infrastructure Regulations – Building and Fire Codes.

F.    Title 18 PCC. Development Regulations – General Provisions.

1.    Definitions. Definitions for the Title 18 series of Codes are found in Chapter 18.25 PCC.

2.    Application Filing. The provisions for filing of applications, including preliminary reviews prior to filing, are found in Chapter 18.40 PCC.

3.    Review Process. The provisions for the review of applications are found in Chapter 18.60 PCC.

4.    Notice. The provisions for providing notice of application submittal, SEPA determinations, hearings, and decisions are found in Chapter 18.80 PCC.

5.    Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this Title are found in Chapter 18.100 PCC.

6.    Compliance. The enforcement regulations for this Title are found in Chapter 18.140 PCC, in addition to PCC 18S.10.070.

7.    Revocation/Recision, Modification and Expiration. The provisions for establishing the authority and procedures for the revocation/recision, modification and expiration of permits and approvals granted pursuant to this Title are found in Chapter 18.150 PCC.

8.    Vesting. The provisions for the vesting of applications, duration of approvals, modifications to applications, expiration of applications, and waiver of vesting are found in Chapter 18.160 PCC.

G.    Title 18A PCC. Development Regulations – Zoning. Zone Classifications, Density and Dimension Tables, Use Category Tables, and Use Category Descriptions are found in Title 18A PCC.

H.    Title 18D PCC. Development Regulations – Environmental. The provisions for submittal and review of an environmental checklist to conform with the State Environmental Policy Act (SEPA) are found in Chapter 18D.40 PCC.

I.    Title 18G PCC. Development Regulations – Conservation Programs, includes the process for the Transfer of Density Credit process.

J.    Title 18H PCC. Development Regulations – Forest Practices. Class IV – General Forest Practices identified in WAC 222-16-050(2) also are subject to the requirements of Title 18H PCC, Pierce County Development Regulations – Forest Practices.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.10.065 Procedural Guidance.

See Chapter 18S.60 PCC, Permits and Approvals, for shoreline permit review procedures. The purpose of this Section is to provide general guidance for use of this Title and to provide information on the process of shoreline development review.

A.    Title 18S PCC, Development Policies and Regulations – Shorelines.

1.    Chapter 18S.20 PCC, Shorelines of Statewide Significance and Shoreline Environment Designations, provides information on the different shoreline environments and the criteria used to designate a shoreline within a particular environment. It also provides a list of shorelines considered by the Shoreline Management Act (Act) as Shorelines of Statewide Significance.

2.    Chapter 18S.30 PCC, General Policies and Regulations, includes general policies and regulations that, when applicable, apply to all shoreline use and development.

3.    Chapter 18S.40 PCC, Use and Development Policies and Regulations, includes policies and regulations that apply to specific types of uses and development. The policies and regulations of Chapter 18S.40 PCC apply in addition to the general policies and regulations found in Chapter 18S.30 PCC.

4.    Chapter 18S.60 PCC, Permits and Approvals, includes the list and criteria for development that may be exempt from the requirement to obtain a Shoreline Substantial Development Permit. It also includes a list of prohibited uses, and a table that indicates which shoreline permit is required for uses, modifications and development authorized in each of the environments.

5.    Chapter 18S.70 PCC, Appendices, includes definitions for terms, miscellaneous application requirements, maps, shoreline jurisdiction descriptions, and lateral boundary line guidance.

B.    Title 18E PCC, Development Regulations – Critical Areas. Critical area regulations adopted in compliance with the State Growth Management Act are contained in Title 18E PCC, Ordinance Nos. 2004-56s, 2004-57s, 2004-58s, 2006-103s, 2013-45s4, 2016-52, amended by Ordinance 2017-12s, effective date April 15, 2017, and incorporated by reference into the Shoreline Master Program. In the event Title 18E PCC is amended, the referenced edition will still apply in shoreline jurisdiction until revised through an approved Master Program amendment.

1.    Wetlands. Regulations that apply to Wetlands are found in Chapter 18E.30 PCC.

2.    Fish and Wildlife Species and Habitat Conservation Areas. Regulations that apply to Fish and Wildlife Species and Habitat Conservation Areas are found in Chapter 18E.40 PCC.

3.    Aquifer Recharge and Wellhead Protection Areas. Regulations that apply to Aquifer Recharge and Wellhead Protection Areas are found in Chapter 18E.50 PCC.

4.    Volcanic Hazard Areas. Regulations that apply to Volcanic Hazard Areas are found in Chapter 18E.60 PCC.

5.    Flood Hazard Areas. Regulations that apply to Flood Hazard Areas are found in Chapter 18E.70 PCC.

6.    Landslide Hazard Areas. Regulations that apply to Landslide Hazard Areas are found in Chapter 18E.80 PCC.

7.    Seismic (Earthquake) Hazard Areas. Regulations that apply to Seismic Hazard Areas are found in Chapter 18E.90 PCC.

8.    Mine Hazard Areas. Regulations that apply to Mine Hazard Areas are found in Chapter 18E.100 PCC.

9.    Erosion Hazard Areas. Regulations that apply to Erosion Hazard Areas are found in Chapter 18E.110 PCC.

C.    Substantial Development. All shoreline development requires County review and approval. If development meets one or more of the criteria specified in PCC 18S.60.020, the activity doesn't require a Shoreline Substantial Development Permit (SD). An "exempt" activity is only exempt from the requirement to obtain an SD. Approval of an exempt project may include conditions, and exempt proposals must still comply with all applicable use and development regulations.

D.    Conditional Uses. Review is required for Conditional uses per Table 18S.60.030-1.

1.    A proposal may require both a Substantial Development Permit and a Conditional Use Permit. Other proposals, that are not a "substantial development," may require only a Conditional Use Permit.

2.    Other uses which are not classified or set forth in Table 18S-60.030-1 may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of WAC 173-27-160 and PCC 18S.60.060. However, uses which are specifically prohibited by the Master Program may not be authorized through a Conditional Use Permit.

3.    The issuance of a Conditional Use Permit is based upon a determination that the project will be consistent with the criteria listed in PCC 18S.60.060 and those listed in WAC 173-27-160.

4.    The Washington State Department of Ecology (Ecology) has the final decision-making authority for conditional uses.

E.    Variance. When development is proposed that does not comply with the bulk and dimensional standards, such as a shoreline buffer, of the Master Program, then the development can only be authorized with approval of a variance. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.

1.    The issuance of a variance is predicated upon a determination that the project will be consistent with the criteria listed in PCC 18S.60.070 and those listed in WAC 173-27-170.

2.    Variances to the type of uses and development authorized by the Master Program are prohibited.

3.    Ecology has final decision-making authority for Shoreline Variances.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.10.070 Compliance.

This Section is a supplement to Chapter 18.140 PCC, Compliance, which establishes authority and procedures for compliance with the Development Regulations.

A.    Within shorelines jurisdiction, except where specifically provided in state statute, all proposed uses and development shall conform to the Shoreline Management Act (Act) (Chapter 90.58 RCW) and with this Title whether or not a permit or approval is required.

B.    No person may commence any shoreline development without first obtaining all permits and approvals required pursuant to this Title. A person may be required to obtain multiple permits and approvals.

C.    The Act requires that critical areas located within shorelines be addressed through the Shoreline Master Program (Master Program). To meet the requirement, this Title adopts by reference the County Critical Areas Regulations (Title 18E PCC). This Title contains additional regulations that apply to shorelines.

1.    Critical area review and approval within shoreline jurisdiction shall occur as a component of any associated shoreline permit and approval.

D.    Shoreline development shall comply with the Zoning Code, Title 18A PCC, Development Regulations – Zoning.

E.    Permits and approvals may also be required pursuant to other County Codes, other governmental agencies, and/or entities such as other County agencies, State agencies such as the Washington State Department of Ecology; the Washington Department of Fish and Wildlife; the Washington State Department of Natural Resources; and the Department of Archaeology/Historic Preservation, and Federal agencies such as the Army Corps of Engineers and Coast Guard.

F.    It shall be the sole responsibility of the applicant(s) to contact all applicable agencies to secure any required permits and approvals.

G.    Rights reserved or otherwise held by Indian Tribes pursuant to treaties, executive orders, or statutes shall not be impaired or limited by any action taken or authorized by the County under the Master Program, and all such rights shall be accommodated.

H.    Other entities may have rules, guidelines, or restrictions on the use of the shoreline, such as homeowners' associations.

I.    Any departure from the conditions of a County permit or approved plans constitutes a violation of this Title, and is subject to enforcement actions, penalties, and recision of the original permit or approval.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.10.080 Severability.

If any Section, portion, Chapter, paragraph, clause, or phrase of this Title is held to be unconstitutional or invalid for any reason, such unconstitutionality or invalidity shall not affect the validity or constitutionality of the remaining portions of this Title. (Ord. 2013-45s4 § 7 (part), 2015)

18S.10.090 Warning and Disclaimer of Liability.

To promote public health, safety, and welfare, this Title provides the minimum standards for development of sites in shorelines. The minimum standards are deemed to be reasonable for regulatory purposes and are based on scientific and engineering considerations. However, natural and manmade events that exceed the scope regulated under this Title may include, but are not limited to: erosion of land, landslides, seismic and volcanic activity, and flooding. Such events may cause serious personal or bodily injury, including death and damage to or loss of property. The minimum standards in this Title are not a guarantee against damage or injury. Applicants under this Title are responsible for fully investigating and making their own assessment of all potential risks, harm, and dangers that may be present in or near their site and are free to exceed the established standards if they choose. (Ord. 2013-45s4 § 7 (part), 2015)