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.