Chapter 18S.60
PERMITS AND APPROVALS Revised 3/20 Amended Ord. 2020-49

Sections:

18S.60.010    Purpose.

18S.60.015    Prohibited Uses and Development.

18S.60.020    Shoreline Substantial Development (SD) Permit Exemptions.

18S.60.030    Shoreline Permit Table. Revised 3/20 Amended Ord. 2020-49

18S.60.040    Shoreline Substantial Development Permit.

18S.60.050    Shoreline Administrative Conditional Use Permit.

18S.60.060    Shoreline Conditional Use Permit.

18S.60.070    Shoreline Variance.

18S.60.080    Revision to Shoreline Permit.

18S.60.010 Purpose.

The purpose of this Chapter is to identify procedures to obtain development permits and approvals required pursuant to this Title including their purpose, applicability and decision criteria. (Ord. 2013-45s4 § 7 (part), 2015)

18S.60.015 Prohibited Uses and Development.

In addition to the blank cells on Table 18S.60.030-1, Shoreline Permit Table, and the Table notes (1) through (8), the following development is prohibited:

A.    Development on spits in all Shoreline Environment Designations (SEDs).

B.    Extraction of petroleum or gas products in all SEDs.

C.    Liveaboards, except at marinas, in all SEDs.

D.    Use of residential or recreational water access facilities for helicopters in all SEDs.

E.    Residences in Aquatic SEDs.

F.    Residential and recreational boathouses in Aquatic SEDs.

G.    Residential launching ramps in all SEDs.

H.    Parking as a principal use in all SEDs.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.60.020 Shoreline Substantial Development (SD) Permit Exemptions.

A.    Purpose. The Shoreline Management Act (Act), WAC 173-27-040, makes an allowance for specific development which may be allowed without processing a Shoreline Substantial Development Permit (SD).

B.    Applicability. This Section applies to shoreline development and uses within shorelines that do not require a Substantial Development Permit, as listed in subsection C. of this Section. If any part of a proposal is not eligible for an SD Exemption, then an SD shall be required for the entire proposal.

C.    SD Exemptions. SD Exemptions are described as follows, pursuant to WAC 173-27-040:

1.    Fair Market Value. Development of which the total cost or fair market value, whichever is higher, does not exceed $7,047.00 if such development does not materially interfere with the normal public use of the water or Shorelines of the State.

a.    The dollar threshold established in this subsection must be adjusted for inflation by the State Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the Consumer Price Index during that time period.

b.    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 within those areas regulated pursuant to this Title.

c.    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 and Repair. Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements.

a.    Normal Maintenance includes those usual acts to prevent a decline, lapse, or cessation from a legally established condition.

b.    "Normal Repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment.

c.    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.    Bulkhead. Construction of the normal protective bulkhead common to single-family residences.

a.    A normal protective bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion.

b.    A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land.

c.    When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill.

d.    When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings.

e.    When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead, then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by WDFW.

4.    Emergency Construction. Emergency construction necessary to protect property from damage by the elements.

a.    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 Master Program.

b.    Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the County to be an appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed, or any permit which would have been required absent an emergency shall be obtained.

c.    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 on shorelands, construction of a barn or similar agricultural structure, 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, or alteration of the contour of the shorelands 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.    Navigational Aid. Construction or modification of navigational aids such as channel markers and anchor buoys.

7.    Single-Family Residence. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to Chapter 90.58 RCW.

a.    "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. "Normal appurtenance" means a feature which is necessarily connected to the use and enjoyment of a single-family residence and which is located landward of the OHWM of a shoreline or boundary of a wetland.

b.    Appurtenances normal to a single-family residence are allowed accessory to a single-family residence; provided, that the normal appurtenances are not prohibited from locating in the shoreline environment designation (SED) or the underlying zone classification; and further provided, that they have met all applicable development regulations, including but not limited to shoreline buffers, critical area regulations and impervious surface limits.

c.    Additional dwellings, such as accessory dwelling units and temporary dwelling units, shall not be considered a normal appurtenance.

d.    Construction authorized under this exemption shall be located landward of the ordinary high water mark and the perimeter of wetlands.

8.    Dock. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences.

a.    A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if:

(1)    In salt waters, the fair market value of the dock does not exceed $2,500; or

(2)    In fresh waters, the fair market value of a new dock does not exceed $10,000; or

(3)    In fresh waters the fair market value does not exceed $20,000 for replacement of existing docks that are of equal or lesser square footage than the dock being replaced.

(4)    If subsequent construction of any dock constructed or expanded pursuant to this subsection occurs within five years of completion of the prior construction, and the combined fair market value of the dock construction exceeds the amount specified in either subsection C.8.a.(1), (2) or (3) of this Section, the subsequent construction shall be considered a substantial development.

(5)    All dollar thresholds described in this Section must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2018, based on changes in the consumer price index during that time period.

b.    For purposes of this Section, salt water shall include the tidally influenced marine and estuarine water areas of the state including the Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia and Puget Sound, and all bays and inlets associated with any of the above.

9.    Irrigation System. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist, or are hereafter created or developed, as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands.

10.    Property Line Marking. The marking of property lines or corners on State-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water.

11.    Drainage and Diking. 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 a part of an agricultural drainage or diking system.

12.    Governor-Certified Project. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW.

13.    Site Exploration and Investigation Activity. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this Title 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 or wildlife species 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 pre-existing conditions; and

e.    The activity is not subject to the permit requirements of RCW 90.58.550.

14.    Aquatic Noxious Weed Removal. 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 Washington State Department of Agriculture or Ecology jointly with other State agencies under Chapter 43.21C RCW.

15.    Watershed Restoration Project. A watershed restoration plan is a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan, or a part of the plan and consists of one or more of the following activities:

a.    A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

b.    A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

c.    A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or in-stream habitat enhancement structure associated with the project is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. See WAC 173-27-040 for additional review criteria.

16.    Fish and Wildlife Habitat or Fish Passage. A public or private project that is designed to improve fish or wildlife habitat or fish passage (with criteria). See WAC 173-27-040(2)(p); (RCW 90.58.147).

17.    The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities.

D.    Review Process. An administrative review process is required for an SD Exemption to ensure that the development or use, if established, will be in full compliance with applicable regulations and that such uses are compatible with this Title, Comprehensive Plan, applicable community plan, adjacent development, planned development, and the character of the surrounding area.

1.    The burden of proof that a development or use is exempt from the SD process is on the applicant.

2.    Activities that are exempt from the requirements to obtain an SD may still require a Shoreline Variance or Shoreline Conditional Use Permit.

3.    Under State rules, "only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process." (WAC 173-27-040 (1)(a)). If there is doubt whether a project meets the precise terms of a listed exemption, then a Shoreline Substantial Development Permit will be required.

4.    A decision on an exempt activity may include conditions or modifications to a proposal.

5.    If any part of a proposal requires an SD, an SD is required for the entire project.

6.    Activities exempt from SD permit requirements may need other permits. One cannot legally begin to build a structure that is exempted under the Act until all other local, state and federal permits have been obtained.

7.    SD Exempt activities may be granted only after review under the State Environmental Policy Act (SEPA), unless the proposed project is categorically exempt under SEPA.

8.    Incremental SD Exemptions for activities that cumulatively would require a permit, such as clearing, grading, and preloading that typically precede development, must be included in the shoreline permit review for a development proposal, even if the individual activities are under the dollar threshold or would otherwise be exempt. The future intended use, and associated design of a site, must be authorized by a shoreline permit prior to any grading, filling, dredging, or other shoreline modification.

9.    Local governments are required to send SD Exemption letters to Ecology if federal actions are required to approve the project.

E.    Decision Criteria. The Director shall review SD Exemptions with the following specific criteria:

1.    The proposal meets one or more of the SD Exemptions listed in subsections C.1. through C.17. of this Section. Each SD Exemption shall be narrowly construed and the precise requirements shall be met.

2.    The proposal is consistent with the policies and procedures of the Act.

3.    The proposal is consistent with the this Title's policies and regulations including, at a minimum, the following:

a.    Policies and regulations of the Shoreline Environment Designation (SED) in which the proposal is located;

b.    Policies and regulations for Shorelines of Statewide Significance, if the proposal is within such area;

c.    Policies and regulations within the applicable General Development Policies and Regulations found in Chapter 18S.30 PCC; and

d.    Policies and regulations within the applicable Development Policies and Regulations found in Chapter 18S.40 PCC.

4.    The proposal is consistent with the applicable provisions of Title 18E PCC.

5.    The proposal is consistent with the applicable policies of the Comprehensive Plan and any applicable Community Plan.

6.    The proposal is consistent with all applicable development regulations.

F.    Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for an SD Exemption.

G.    Approval. The Director shall review an SD Exemption and issue a written decision which may include conditions or modifications necessary to comply with applicable regulations.

H.    Persons, Projects, and Activities Not Required to Obtain Certain Permits. Pursuant to RCW 90.58.355, the following persons, projects, and activities are not required to obtain a Substantial Development Permit, Conditional Use Permit, Variance, Letter of Exemption, or other review conducted by the County to implement this Shoreline Master Program:

1.    Hazardous Substance Remediation. Pursuant to RCW 90.58.355 regarding hazardous substance remedial actions, the procedural requirements of the Shoreline Management Act shall not apply to 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 the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW. The Department of Ecology shall ensure compliance with the substantive requirements of Chapter 90.58 RCW, Chapter 173-26 WAC, and the Master Program through the consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by Ecology pursuant to RCW 70.105D.090.

2.    Any person installing site improvement for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit.

3.    The Department of Transportation projects and activities that meet the conditions of RCW 90.58.356.

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

18S.60.030 Shoreline Permit Table. Revised 3/20 Amended Ord. 2020-49

A.    The following symbols are employed in Table 18S.60.030-1, the Shoreline Permit Table:

1.    Table header symbols indicate the following Shoreline Environment Designations: "N" = Natural, "C" = Conservancy, "R" = Residential, "H" = High Intensity, "AF" = Aquatic Freshwater, "AM" = Aquatic Marine.

2.    A shaded cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Substantial Development Permit provisions specified in PCC 18S.60.040 or the criteria for an SD Exemption pursuant to PCC 18S.60.020.

3.    An "AC" in a cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Administrative Conditional Use Permit provisions specified in PCC 18S.60.050. Such uses must obtain an Administrative Conditional Use Permit even if the development does not require a Substantial Development Permit.

4.    A "C" in a cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Conditional Use Permit provisions specified in PCC 18S.60.060. Such uses must obtain a Conditional Use Permit even if the development does not require a Substantial Development Permit.

5.    A blank cell on the table indicates that the use, modification, or development is prohibited in the SED listed at the top of the column, or that the cell is not applicable. Prohibited development may also be called out in notes (1) through (8).

B.    In the event there is a conflict between the Shoreline Permit Table and the written provisions in this Title, the written provisions shall apply.

C.    Where there is a question regarding the inclusion or exclusion of development within a particular category, the Director shall have the authority to make the final determination.

Table 18S.60.030-1. Shoreline Permit Table 

Uses, Modifications and Development

Shoreline Environment Designation (SED)

N

C

R

H

AF

AM

N=Natural, C=Conservancy, R=Residential, H=High Intensity, AF=Aquatic Freshwater, AM=Aquatic Marine

Agriculture (See PCC 18S.40.030 for Agriculture Policies and Regulations)

Low Intensity Agriculture

All Other Agriculture

Aquaculture (See PCC 18S.40.040 for Aquaculture Policies and Regulations)

All Aquaculture

C (1)

C (1)

C (1)

C (1)

C (1)

C (1)

Commercial/Civic (See PCC 18S.40.050 for Commercial/Civic Policies and Regulations)

Water-Oriented

(4)

(5)

C (5)

Non Water-Oriented

(4)

C (3,4)

Mixed-Use Development (commercial/residential)

(4)

C (3,4)

Excavation, Dredging, Filling and/or Grading (See PCC 18S.30.040 for Policies and Regulations)

Excavation Landward of OHWM

As authorized per the underlying use.

Dredging Waterward of OHWM

C (6)

C (6)

Filling Landward of OHWM

As authorized per the underlying use.

Filling Waterward of the OHWM

C (6)

C (6)

Grading

As authorized per the underlying use

State Dredge Material Disposal

C

Flood Hazard Management (See PCC 18S.40.060 for Flood Hazard Management Policies and Regulations)

Flood Hazard Management

C

Forest Practices (See PCC 18S.40.070 for Forest Practice Policies and PCC Title 18H for Regulations)

Commercial Forestry

C

In Stream Structures (See PCC 18S.30.080 for Shoreline Modification Policies and Regulations)

In Stream Structures

Industrial (See PCC 18S.40.050 for Industrial Policies and Regulations)

Water-Oriented Industrial Development

C

AC

C (7)

C (7)

Non Water-Oriented Industrial Development

C (7)

C (7)

C (7)

Mining (See PCC 18S.40.080 for Mining Policies and Regulations)

Mining outside a Channel Migration Zone

Mining in a Channel Migration Zone

C

C

C

Recreation (See 18S.40.090 for Recreation Policies and Regulations)

Water-Oriented Trail, Boardwalk, Viewpoint, Walk/Boat-In Primitive Campsite

All other Water-Oriented Recreational Development

C

All other Non Water-Oriented Recreational Development

(4)

Residential and Land Divisions (See PCC 18S.40.100 for Residential Policies and Regulations)

Single-Family and Accessory Uses/Structures

AC

Other Housing Types and Accessory Uses/Structures

Land Divisions for Detached Single-Family with Infrastructure

AC

All other Land Divisions with Infrastructure

Restoration and Enhancement (See PCC 18S.40.110 for Restoration and Enhancement Policies and Regulations)

All Restoration/Enhancement

AC

Shoreline Stabilization (See PCC 18S.30.070 for Shoreline Stabilization Policies and Regulations)

Jetties, Groin, Breakwater

C (6)

C (6)

Soft Shoreline Stabilization

AC

Hard Shoreline Stabilization

C

Transportation (See PCC 18S.40.120 for Transportation Policies and Regulations)

Public Linear Transportation Facility

AC

Water-Oriented Transportation

C

Non Water-Oriented Transportation

(4)

Utilities (See PCC 18S.40.130 for Utilities Policies and Regulations)

Public Linear Utility Facility

(4)

AC

Other Utility Development

(4)

C

Water Access Facilities (See PCC 18S.40.140 for Water Access Facilities Policies and Regulations)

Residential Water Access Facility (serves 4 or fewer parcels)

(8)

AC (8)

Other Water Access Facilities

(8)

C (8)

Use of Water Access Facility for Home Occupation/Cottage Industry

(8)

C (8)

Notes:

(1)    Geoduck aquaculture requires an SD for planting, growing and harvesting of farm raised geoducks only when the project or practice causes substantial interference with normal public use of the surface waters.

(2)    Deleted.

(3)    Non water-oriented commercial uses are subject to PCC 18S.40.050 C.3. Criteria. See also PCC 18S.30.090. A change from an existing non water-oriented use to another non water-oriented use is permitted, without a Conditional Use Permit.

(4)    New non water-oriented uses are prohibited except in situations where the use doesn't conflict with or limit opportunities for water-oriented uses or when there is no direct access to the water's edge. See PCC 18S.30.090.

(5)    Commercial/Civic development is prohibited in Aquatic SEDs abutting the Natural SED.

(6)    Environmental restoration, mitigation and/or enhancement projects do not require a Conditional Use Permit.

(7)    Industrial development is prohibited in Aquatic SEDs abutting the Natural SED and Conservancy SED. Non water-oriented industrial development is prohibited in Aquatic SEDs abutting all SEDs except for High Intensity.

(8)    In Aquatic SEDs abutting the Natural SED only floats and buoys may be allowed.

Interpretation:

•    A shaded cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Substantial Development Permit (SD) provisions specified in PCC 18S.60.040 or the criteria for an SD Exemption, see PCC 18S.60.020.

•    An "AC" in a cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Administrative Conditional Use Permit provisions specified in PCC 18S.60.050. Uses that are listed as requiring an AC in the table must obtain an Administrative Conditional Use Permit even if the development doesn't require an SD.

•    A "C" in a cell on the table indicates that the use, modification or development is allowed subject to the Shoreline Conditional Use Permit provisions specified in PCC 18S.60.060. Uses that are listed as requiring a C in the table must obtain a Conditional Use Permit even if the development does not require a Substantial Development Permit.

•    A blank cell on the table indicates that the use, modification, or development is prohibited in the SED listed at the top of the column, or that the cell is not applicable. Prohibited development may also be called out in notes (1) through (8).

(Ord. 2019-59 § 1 (part), 2019; Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

18S.60.040 Shoreline Substantial Development Permit.

A.    Purpose. The Shoreline Substantial Development Permit (SD) process provides a comprehensive review of development on shorelines to ensure compliance with the Shoreline Management Act (Act), this Title, and any other applicable development regulations.

B.    Applicability. This Section applies to development allowed on shorelines that does not meet the SD Exemption criteria.

C.    Review Process. Shoreline Substantial Development Permits shall be reviewed administratively and shall include public notice and comment. This review process is required to ensure that the development, if established, will be in full compliance with applicable development regulations, the County Comprehensive Plan, applicable community plans, adjacent development, planned uses, and the character of the surrounding area.

D.    Decision Criteria. The Director shall review applications for Shoreline Substantial Development in accordance with the following decision criteria:

1.    The proposal is consistent with the policies and procedures of the Act.

2.    The proposal is consistent with this Title's policies and regulations including, at a minimum, the following:

a.    Policies and regulations of the shoreline environment designation (SED) in which the proposal is located;

b.    Policies and regulations for Shorelines of Statewide Significance if the proposal is within such area;

c.    Policies and regulations within the applicable General Policies and Regulations found in Chapter 18S.30 PCC; and

d.    Policies and regulations within the applicable Use and Development Policies and Regulations found in Chapter 18S.40 PCC.

3.    The proposal is consistent with the applicable provisions of Title 18E PCC.

4.    The proposal is consistent with the applicable policies of the Comprehensive Plan and any applicable Community Plan.

5.    The proposal is consistent with all applicable development regulations, including but not limited to Title 18A PCC, Development Regulations – Zoning.

E.    Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Substantial Development Permit.

F.    Approval. The Director may approve an application for a Shoreline Substantial Development Permit, approve with additional requirements obtained from other Sections of the County Code above those specified in the Master Program, or require modification of the proposal to comply with specified requirements or local conditions.

G.    Denial. The Director may deny an application for a Shoreline Substantial Development Permit if the proposal fails to comply with specific standards found in the Master Program or if any of the decision criteria of PCC 18S.60.020 E.2. through 6. are not supported by evidence in the record as determined by the Director.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.60.050 Shoreline Administrative Conditional Use Permit.

A.    Purpose. The purpose of a Shoreline Administrative Conditional Use Permit is to allow flexibility in the application of development regulations in a manner consistent with the policies of the Shoreline Management Act (Act). Conditions may be attached to the permit to prevent undesirable effects of the proposal or to assure consistency of the project with the Act and the Master Program.

B.    Applicability. This Section applies to uses allowed in Table 18S.60.030-1, Shoreline Permit Table, subject to approval of a Shoreline Administrative Conditional Use Permit (AC). Uses specifically prohibited by this Title shall not be authorized pursuant to this Section.

C.    Review Process. An administrative review process, which includes public notice, is required to ensure that the use, if established, will be in full compliance with applicable regulations and that such use is compatible with the Master Program, Comprehensive Plan, applicable community plan, adjacent development, planned uses, and the character of the surrounding area.

D.    Decision Criteria.

1.    The Director shall review the location of the proposal for compatibility with development permitted in the surrounding areas; and make further stipulations and conditions to reasonably assure that the basic intent of the Master Program will be served.

2.    An Administrative Conditional Use Permit may be granted; provided, that the applicant demonstrates all of the following:

a.    That the proposed use is consistent with the policies of the Act and the Master Program;

b.    That the proposed use will not interfere with the normal public use of public shorelines, nor use of waters under the Public Trust Doctrine;

c.    That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Master Program;

d.    That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;

e.    That the public interest suffers no substantial detrimental effect; and

f.    The proposed use is consistent with all applicable development regulations.

3.    In the granting of all Shoreline Administrative Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Administrative Conditional Use Permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.

E.    Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Administrative Conditional Use Permit.

F.    Approval. The Director may approve an application for a Shoreline Administrative Conditional Use Permit, approve with conditions, or require modification of the proposal to comply with specified requirements or local conditions.

G.    Denial. The Director may deny an application for a Shoreline Administrative Conditional Use Permit if the proposal fails to comply with specific standards found in this Title, or if any of the decision criteria of subsection D. of this Section are not supported by evidence in the record as determined by the Director.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.60.060 Shoreline Conditional Use Permit.

A.    Purpose. The purpose of a Shoreline Conditional Use Permit is to allow flexibility in the application of development regulations in a manner consistent with the policies of the Shoreline Management Act (Act). Conditions may be attached to the permit to prevent undesirable effects of the proposal to assure consistency of the project with the Act and the Master Program.

B.    Applicability. This Section applies to uses allowed in Table 18S.60.030-1, Shoreline Permit Table, subject to approval of a Shoreline Conditional Use Permit (C). Other uses which are not classified or set forth in the Master Program may be authorized as conditional uses, provided the applicant can demonstrate consistency with the requirements for conditional uses contained in this Section. Uses which are specifically prohibited by Title 18S PCC shall not be authorized pursuant to this Section.

C.    Review Process.

1.    Shoreline conditional uses shall be subject to review by the County Hearing Examiner, which includes public notice, public hearing, and the issuance of a Shoreline Conditional Use Permit.

2.    Aquaculture.

a.    A single Shoreline Conditional Use Permit application may be submitted for multiple aquaculture activity sites within an inlet, bay or other defined feature, provided the sites are all under control of the same applicant and are located within the County.

b.    Aquaculture activities allowed pursuant to an approved Shoreline Conditional Use Permit shall not be subject to review of a new Shoreline Conditional Use Permit for subsequent cycles of planting and harvest. Activities shall be subject to reviews in accordance with an approved monitoring plan, and the permit shall be rescinded per PCC 18S.10.070 I. should reviews find that aquaculture activities are being exercised contrary to approval conditions.

D.    Decision Criteria.

1.    The Examiner shall review the location of the proposal for compatibility with development permitted in the surrounding areas; and make further stipulations and conditions to reasonably assure that the basic intent of the Master Program will be served.

2.    A Conditional Use Permit may be authorized provided that the applicant demonstrates all of the following:

a.    That the proposed use is consistent with the policies of the Act and the Master Program;

b.    That the proposed use will not interfere with the normal public use of public shorelines, nor use of waters under the Public Trust Doctrine;

c.    That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and the Master Program;

d.    That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;

e.    That the public interest suffers no substantial detrimental effect; and

f.    The proposed use is consistent with all applicable development regulations.

3.    In the granting of all Shoreline Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Conditional Use Permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.

E.    Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Conditional Use Permit.

F.    Approval. The Examiner may approve an application for a Shoreline Conditional Use Permit, approve with conditions or require modification of the proposal to comply with specified requirements or local conditions.

G.    Denial. The Examiner shall deny a Shoreline Conditional Use Permit if the proposal does not meet, or cannot be conditioned or modified to meet, the decision criteria of subsection D. of this Section.

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

18S.60.070 Shoreline Variance.

A.    Purpose. The purpose of a Shoreline Variance is limited to granting relief from dimensional standards found in this Title (e.g., buffer, height, or lot coverage requirements) where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Title will impose unnecessary hardship on the applicant or thwart the policies found in the Shoreline Management Act (Act).

B.    Applicability. This Section applies to proposals that do not comply with, or where one proposes to deviate from, the dimensional standards of this Title. In these cases, such proposal can only be authorized by approval of a Shoreline Variance. A Shoreline Variance shall not authorize uses or development which is specifically prohibited by the Master Program.

C.    Review Process. Shoreline Variances shall be subject to review by the County Hearing Examiner, which includes public notice, public hearing, and the issuance of a written decision.

D.    Decision Criteria – General. A Shoreline Variance shall not be granted unless the applicant demonstrates that denial of the permit would result in a thwarting of the policy enumerated in the Act due to extraordinary circumstances, and the public interest would suffer no substantial detrimental effect.

E.    Decision Criteria – Development Landward of Ordinary High Water Mark (OHWM). In addition to the General Decision Criteria in subsection D. of this Section, Shoreline Variances for development landward of the OHWM or landward of any wetland may be authorized provided the applicant can demonstrate all of the following:

1.    The strict application of the bulk or dimensional standards precludes or significantly interferes with reasonable use of the property.

2.    The hardship described in subsection E.1. of this Section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Title and not, for example, from deed restrictions or the applicant's own actions.

3.    The design of the project is compatible with other authorized development within the area and with development planned for the area under the Comprehensive Plan and this Title, and will not cause adverse impacts to the shoreline environment.

4.    The Shoreline Variance will not constitute a grant of special privilege not enjoyed by the other properties in the area.

5.    The Shoreline Variance requested is the minimum necessary to afford relief.

F.    Decision Criteria – Development Waterward of OHWM. In addition to the General Decision Criteria in subsection D. of this Section, Shoreline Variances for development that will be located waterward of the OHWM or within any wetland may be authorized provided the applicant can demonstrate all of the following:

1.    That the strict application of the dimensional standards found in this Title precludes all reasonable use of the property;

2.    That the proposal is consistent with the criteria established under subsections E.2. through E.5. of this Section; and

3.    That the public rights of navigation and use of the shorelines will not be adversely affected.

G.    Decision Criteria – Wetland Buffer. Where the Shoreline Variance request includes a reduction to a wetland buffer, the applicant shall demonstrate the following:

1.    Approval of the variance results in an overall increase in the function of the wetland.

2.    Approval of the variance results in the preservation or enhancement within the project area of other Habitats of Local Importance discussed in PCC 18E.40.020 D.

3.    The proposal avoids impacts and provides mitigation, pursuant to PCC 18E.30.050, to the maximum practical extent.

H.    Decision Criteria – Fish and Wildlife Habitat Buffer. Where the Shoreline Variance request includes a reduction to a fish and wildlife habitat area buffer, the applicant shall demonstrate the following:

1.    Approval of the variance will not adversely impact receiving water quality or quantity.

2.    Approval of the variance will not adversely impact any functional attribute of the habitat area.

3.    Approval of the variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats.

4.    The proposal avoids impacts and provides mitigation, pursuant to PCC 18E.40.050, to the maximum practical extent.

I.    Decision Criteria – Cumulative Impact. In the granting of all Shoreline Variances, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Variances were granted to other development in the area where similar circumstances exist, the total of the Shoreline Variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.

J.    Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Variance.

K.    Approval. The Examiner may approve an application for a Shoreline Variance, approve with conditions, or require modification of the proposal to comply with specified requirements or local conditions.

L.    Denial. The Examiner shall deny a Shoreline Variance if the proposal does not meet or cannot be conditioned or modified to meet the applicable decision criteria of subsections D. through I. of this Section.

(Ord. 2013-45s4 § 7 (part), 2015)

18S.60.080 Revision to Shoreline Permit.

A.    Purpose. The purpose of this Section is to provide a review process for changes to an already approved Shoreline Permit.

B.    Review Process.

1.    A formal revision is required whenever the applicant proposes substantive changes to the design, terms, or conditions of an already approved shoreline permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit or approval, Shoreline Management Act (Act), and this Title.

2.    The applicant shall provide detailed plans and text describing the proposed changes.

3.    If the County determines that the proposed changes are within the scope and intent of the original permit and are consistent with the Act and this Title, the County may administratively approve a revision without a public hearing, even if the original permit required a public hearing and approval by the Hearing Examiner. "Within the scope and intent of the original permit" means all of the following:

a.    No additional overwater construction in an Aquatic SED, except that pier, dock, or float construction may be increased by 500 square feet, or 10 percent from the provisions of the original permit, whichever is less;

b.    Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;

c.    The revised permit does not authorize development to exceed height, lot coverage, buffer, or any other requirements of Title 18S PCC except as authorized under a Shoreline Variance granted as the original permit or a part thereof;

d.    Additional or revised landscaping is consistent with any conditions attached to the original permit and with Title 18S PCC;

e.    The use authorized pursuant to the original permit is not changed; and

f.    No adverse environmental impact will be caused by the project revision.

4.    Revisions to permits may be authorized after original permit authorization has expired under RCW 90.58.143. The purpose of such revisions shall be limited to authorization of changes which are consistent with this Section and which would not require a permit for the development or change proposed under the terms of Chapter 90.58 RCW, this regulation, and the Master Program. If the proposed change constitutes substantial development, then a new permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit.

5.    If the sum of the revision and any previously approved revisions violate the decision criteria of this Section, the County shall require that the applicant apply for a new permit.

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