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(continued) able shall be taken by the state to preserve the integrity of its policies.
[1971 ex.s. c 286 § 26.]
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90.58.270
Nonapplication to certain structures, docks, developments, etc., placed in navigable waters — Nonapplication to certain rights of action, authority.
(1) Nothing in this statute shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the impairment of public rights of navigation, and corollary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills or developments are hereby granted: PROVIDED, That the consent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters which are in trespass or in violation of state statutes.
(2) Nothing in this section shall be construed as altering or abridging any private right of action, other than a private right which is based upon the impairment of public rights consented to in subsection (1) hereof.
(3) Nothing in this section shall be construed as altering or abridging the authority of the state or local governments to suppress or abate nuisances or to abate pollution.
(4) Subsection (1) of this section shall apply to any case pending in the courts of this state on June 1, 1971 relating to the removal of structures, improvements, docks, fills, or developments based on the impairment of public navigational rights.
[1971 ex.s. c 286 § 27.]
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90.58.280
Application to all state agencies, counties, public and municipal corporations.
The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them.
[1971 ex.s. c 286 § 28.]
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90.58.290
Restrictions as affecting fair market value of property.
The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.
[1971 ex.s. c 286 § 29.]
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90.58.300
Department as regulating state agency — Special authority.
The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government and sister states and to receive benefits of any statutes of the United States whenever enacted which relate to the programs of this chapter.
[1971 ex.s. c 286 § 30.]
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90.58.310
Designation of shorelines of statewide significance by legislature — Recommendation by director, procedure.
Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature.
The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have statewide significance relating to special economic, ecological, educational, developmental, recreational, or aesthetic values to be designated as shorelines of statewide significance.
Prior to making any such recommendation the director shall hold a public hearing in the county or counties where the shoreline under consideration is located. It shall be the duty of the county commissioners of each county where such a hearing is conducted to submit their views with regard to a proposed designation to the director at such date as the director determines but in no event shall the date be later than sixty days after the public hearing in the county.
[1971 ex.s. c 286 § 31.]
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90.58.320
Height limitation respecting permits.
No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.
[1971 ex.s. c 286 § 32.]
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90.58.340
Use policies for land adjacent to shorelines, development of.
All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the policy of this chapter, the guidelines, and the master programs for the shorelines of the state. The department may develop recommendations for land use control for such lands. Local governments shall, in developing use regulations for such areas, take into consideration any recommendations developed by the department as well as any other state agencies or units of local government.
[1971 ex.s. c 286 § 34.]
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90.58.350
Nonapplication to treaty rights.
Nothing in this chapter shall affect any rights established by treaty to which the United States is a party.
[1971 ex.s. c 286 § 35.]
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90.58.355
Hazardous substance remedial actions — Procedural requirements not applicable.
The procedural requirements of this chapter 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 this chapter 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 the department pursuant to RCW 70.105D.090.
[1994 c 257 § 20.]
Notes: Severability -- 1994 c 257: See note following RCW 36.70A.270.
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90.58.360
Existing requirements for permits, certificates, etc., not obviated.
Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government.
[1971 ex.s. c 286 § 36.]
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90.58.370
Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.
All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.
[1989 c 171 § 11; 1987 c 343 § 5.]
Notes: Severability -- 1989 c 171: See note following RCW 43.83B.400.
Severability -- 1987 c 343: See note following RCW 43.83B.300.
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90.58.380
Adoption of wetland manual.
The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If the corps of engineers and the environmental protection agency adopt changes to or a different manual, the department shall consider those changes and may adopt rules implementing those changes.
[1995 c 382 § 11.]
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90.58.390
Certain secure community transition facilities not subject to chapter. (Expires June 30, 2009.)
An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
This section expires June 30, 2009.
[2002 c 68 § 13.]
Notes: Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
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90.58.515
Watershed restoration projects — Exemption.
Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.
[1995 c 378 § 16.]
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90.58.550
Oil or natural gas exploration in marine waters — Definitions — Application for permit — Requirements — Review — Enforcement.
(1) Within this section the following definitions apply:
(a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters;
(b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the waters of the Strait of Juan de Fuca, the waters between the western boundary of the state and the ordinary high water mark, and related bays and estuaries;
(c) "Vessel" includes ships, boats, barges, or any other floating craft.
(2) A person desiring to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department of ecology. The department may approve an application for a permit only if it determines that the proposed activity will not:
(a) Interfere materially with the normal public uses of the marine waters of the state;
(b) Interfere with activities authorized by a permit issued under RCW 90.58.140(2);
(c) Injure the marine biota, beds, or tidelands of the waters;
(d) Violate water quality standards established by the department; or
(e) Create a public nuisance.
(3) Decisions on an application under subsection (2) of this section are subject to review only by the pollution control hearings board under chapter 43.21B RCW.
(4) This section does not apply to activities conducted by an agency of the United States or the state of Washington.
(5) This section does not lessen, reduce, or modify RCW 90.58.160.
(6) The department may adopt rules necessary to implement this section.
(7) The attorney general shall enforce this section.
[1983 c 138 § 1.]
Notes:Ocean resources management act: Chapter 43.143 RCW.
Transport of petroleum products or hazardous substances: Chapter 88.40 RCW.
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90.58.560
Oil or natural gas exploration — Violations of RCW 90.58.550 — Penalty — Appeal.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty provided for in this section.
(2) The penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the director or the director's representative describing such violation with reasonable particularity. The director or the director's representative may, upon written application therefor received within fifteen days after notice imposing any penalty is received by the person incurring the penalty, and when deemed to carry out the purposes of this chapter, remit or mitigate any penalty provided for in this section upon such terms as he or she deems proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he or she may deem proper.
(3) Any person incurring any penalty under this section may appeal the penalty to the hearings board as provided for in chapter 43.21B RCW. Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the department. When an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the director or the director's representative setting forth the disposition of the application. Any penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, any penalty incurred hereunder shall become due and payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred under this section is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.
[1995 c 403 § 638; 1983 c 138 § 2.]
Notes: Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.
Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.
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90.58.570
Consultation before responding to federal coastal zone management certificates.
The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf.
[1989 1st ex.s. c 2 § 15.]
Notes: Severability -- 1989 1st ex.s. c 2: See RCW 43.143.902.
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90.58.600
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a local government or the department of ecology pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[1987 c 499 § 10.]
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90.58.900
Liberal construction — 1971 ex.s. c 286.
This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
[1971 ex.s. c 286 § 37.]
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90.58.910
Severability — 1971 ex.s. c 286.
If any provision of this chapter, or its application to any person or legal entity or circumstances, is held invalid, the remainder of the act, or the application of the provision to other persons or legal entities or circumstances, shall not be affected.
[1971 ex.s. c 286 § 40.]
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90.58.911
Severability — 1983 c 138.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[1983 c 138 § 4.]
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90.58.920
Effective date — 1971 ex.s. c 286.
This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government, and its existing institutions. This 1971 act shall take effect on June 1, 1971. The director of ecology is authorized to immediately take such steps as are necessary to insure that this 1971 act is implemented on its effective date.
[1971 ex.s. c 286 § 41.]