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 as amended by Ordinance No. 2021-90s, effective date December 31, 2021, for Chapters 18E.10, 18E.20, and 18E.120 PCC incorporated by reference into the Shoreline Master Program (with the exception of Chapter 18E.70 PCC, Flood Hazard Areas). In the event that an incorporated section of 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. Landslide Hazard Areas. Regulations that apply to Landslide Hazard Areas are found in Chapter 18E.80 PCC.
6. Seismic (Earthquake) Hazard Areas. Regulations that apply to Seismic Hazard Areas are found in Chapter 18E.90 PCC.
7. Mine Hazard Areas. Regulations that apply to Mine Hazard Areas are found in Chapter 18E.100 PCC.
8. 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.