Skip to main content
Loading…
This section is included in your selections.

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)