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State
Washington Regulations
Chapter 173-26 WAC State master program approval/amendment procedures and master program guidelines


Last Update: 5/3/04


DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
173-26-105 Review by ecology under Part III--Election by local governments of intent to develop pursuant to Part IV. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-105, filed 11/29/00, effective 12/30/00.] Repealed by 04-10-068 (Order 04-04), filed 5/3/04, effective 6/3/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-170 Purpose of Part III. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-170, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-180 Applicability of Part III. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-180, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-190 Master program contents. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-190, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-200 Comprehensive process to prepare or amend shoreline master programs. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-200, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-210 Environment designation system. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-210, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-220 General master program provisions. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-220, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-230 Shoreline modifications. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-230, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-240 Shoreline uses. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-240, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-250 Shorelines of statewide significance. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-250, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-270 Purpose of Part IV. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-270, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-280 Applicability of Part IV. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-280, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-290 Master program contents. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-290, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-300 Comprehensive process to prepare or amend shoreline master programs. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-300, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-310 Environment designation system. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-310, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-320 General master program provisions. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-320, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-330 Shoreline modifications. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-330, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-340 Shoreline uses. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-340, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.
173-26-350 Shorelines of statewide significance. [Statutory Authority: RCW 90.58.060 and 90.58.200. 00-24-031 (Order 95-17a), 173-26-350, filed 11/29/00, effective 12/30/00.] Repealed by 04-01-117 (Order 03-02), filed 12/17/03, effective 1/17/04. Statutory Authority: RCW 90.58.060 and 90.58.200.



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173-26-010
Authority and purpose.
The provisions of this chapter implement the requirements of chapter 90.58 RCW, the Shoreline Management Act of 1971. RCW 90.58.200 authorizes the adoption of rules by the department as necessary and appropriate to carry out the provisions of the act. RCW 90.58.080 directs local governments to develop and administer local shoreline master programs for regulation of uses on shorelines of the state. Such local programs should be integrated with other local government systems for administration and enforcement of land use regulations. RCW 36.70A.480 provides that the goals and policies contained in a local shoreline master program shall be considered an element of the local comprehensive plan required by the Growth Management Act. All other portions of the local shoreline master program, including the use regulations, are considered a part of the local development regulations required by the Growth Management Act.

This chapter is drafted to also reflect RCW 90.58.050 which provides that the Shoreline Management Act is intended to be a cooperative program between local government and the state. It is the intent of this chapter to provide minimum procedural requirements as necessary to comply with the statutory requirements while providing latitude for local government to establish procedural systems based on local needs and circumstances.

Pursuant to the Shoreline Management Act, the department must approve master programs prepared by local governments or adopt them by rule consistent with the act. In order to facilitate this process, Part I of this chapter establishes a recordkeeping system for the department and defines the contents of the state master program. Part II sets forth procedures for approving and adopting master programs and amendments thereto. Part III comprises the guidelines pursuant to RCW 90.58.060 and provides guidance for developing the content of shoreline master programs. Part IV - addresses the requirements of the state Ocean Resources Management Act.



[Statutory Authority: RCW 90.58.060 and 90.58.200. 04-01-117 (Order 03-02), 173-26-010, filed 12/17/03, effective 1/17/04; 00-24-031 (Order 95-17a), 173-26-010, filed 11/29/00, effective 12/30/00. Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-010, filed 9/30/96, effective 10/31/96.]




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173-26-020
Definitions.
In addition to the definitions and concepts set forth in RCW 90.58.030, as amended, and the other implementing rules for the SMA, as used herein, the following words and phrases shall have the following meanings:

(1) "Act" means the Washington State Shoreline Management Act, chapter 90.58 RCW.

(2) "Adoption by rule" means an official action by the department to make a local government shoreline master program effective through rule consistent with the requirements of the Administrative Procedure Act, chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or amendment into the state master program.

(3)(a) "Agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation;

(b) "Agricultural products" includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products;

(c) "Agricultural equipment" and "agricultural facilities" includes, but is not limited to:

(i) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains;

(ii) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;

(iii) Farm residences and associated equipment, lands, and facilities; and

(iv) Roadside stands and on-farm markets for marketing fruit or vegetables; and

(d) "Agricultural land" means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program.

(4) "Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.

(5) "Approval" means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the department for review and official action pursuant to this chapter; or an official action by the department to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program.

(6) "Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.

(7) "Department" means the state department of ecology.

(8) "Development regulations" means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.

(9) "Document of record" means the most current shoreline master program officially approved or adopted by rule by the department for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190.

(10) "Drift cell," "drift sector," or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift.

(11) "Ecological functions" or "shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c).

(12) "Ecosystem-wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.

(13) "Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:

(a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

(b) The action provides a reasonable likelihood of achieving its intended purpose; and

(c) The action does not physically preclude achieving the project's primary intended legal use.

In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant.

In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames.

(14) "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

(15) "Flood plain" is synonymous with one hundred-year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act.

(16) "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.

(17) "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

(18) "Guidelines" means those standards adopted by the department to implement the policy of chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria for local governments and the department in developing and amending master programs.

(19) "Local government" means any county, incorporated city or town which contains within its boundaries shorelines of the state subject to chapter 90.58 RCW.

(20) "Marine" means pertaining to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and Juan de Fuca, and the bays, estuaries and inlets associated therewith.

(21) "May" means the action is acceptable, provided it conforms to the provisions of this chapter.

(22) "Must" means a mandate; the action is required.

(23) "Nonwater-oriented uses" means those uses that are not water-dependent, water-related, or water-enjoyment.

(24) "Priority habitat" means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes:

? Comparatively high fish or wildlife density;

? Comparatively high fish or wildlife species diversity;

? Fish spawning habitat;

? Important wildlife habitat;

? Important fish or wildlife seasonal range;

? Important fish or wildlife movement corridor;

? Rearing and foraging habitat;

? Important marine mammal haul-out;

? Refugia habitat;

? Limited availability;

? High vulnerability to habitat alteration;

? Unique or dependent species; or

? Shellfish bed.

A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.

(25) "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.

(a) Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the department of fish and wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

(b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.

(c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

(d) Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered.

(26) "Provisions" means policies, regulations, standards, guideline criteria or environment designations.

(27) "Restore," "restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

(28) "Shall" means a mandate; the action must be done.

(29) "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030.

(30) "Shoreline master program" or "master program" means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.

As provided in RCW 36.70A.480, the goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

(31) "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

(32) "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action.

(33) "Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.

(34) "State master program" means the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by the department.

(35) "Substantially degrade" means to cause significant ecological impact.

(36) "Water-dependent use" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

(37) "Water-enjoyment use" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.

(38) "Water-oriented use" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

(39) "Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.

(40) "Water-related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:

(a) The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or

(b) The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.



[Statutory Authority: RCW 90.58.060 and 90.58.200. 04-01-117 (Order 03-02), 173-26-020, filed 12/17/03, effective 1/17/04; 00-24-031 (Order 95-17a), 173-26-020, filed 11/29/00, effective 12/30/00. Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-020, filed 9/30/96, effective 10/31/96.]




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173-26-030
Master programs required State master program contents.
(1) Chapter 90.58 RCW requires all local governments with shorelines of the state within their boundaries to develop and administer a shoreline master program. The state master program is the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by the department, together with any changes pursuant to WAC 173-26-040. Local governments which are required to develop and administer shoreline master programs are listed in WAC 173-26-080.

(2) All shoreline master programs adopted by reference in chapter 173-19 WAC existing as of the effective date of this chapter, remain in full force and effect and continue to be considered part of the state master program, as defined herein.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-030, filed 9/30/96, effective 10/31/96.]




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173-26-040
Master programs required Unlisted local governments.
The department shall periodically update the list of local governments contained in WAC 173-26-080. When as a result of annexation, municipal incorporation, or change in shoreline jurisdiction, a city or town with shorelines of the state within its boundaries is not listed, such local government is required to develop and administer a shoreline master program pursuant to chapter 90.58 RCW and this chapter.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-040, filed 9/30/96, effective 10/31/96.]




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173-26-050
State master program register Maintained by department.
The department shall prepare and maintain an official state master program register identifying original department adoption dates and the effective dates of subsequent amendments approved or adopted by the department for each local government shoreline master program. The master program register shall be available for public viewing and inspection during normal business hours at the headquarters of the department. Copies of the register shall be available from the department at the expense of the requesting party. The department shall keep the register current, incorporating master program adoption and amendment dates as they occur.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-050, filed 9/30/96, effective 10/31/96.]




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173-26-060
State master program Complete record maintained by department.
The department shall maintain records for all master programs and subsequent amendments thereto. Master program records shall be organized consistent with the state master program register and shall be available for public viewing and inspection during normal business hours at the headquarters of the department.

The department shall maintain a record of each master program, the action taken by the department on any proposed master program or amendment, and any appeal of the department's action. Such records should be maintained in two groups of files as follows:

(1) Shoreline master program working files corresponding to each proposed master program or amendment containing, where applicable:

(a) Initial submittal from local government;

(b) Record of notice to the public, interested parties, agencies and tribes;

(c) Staff reports, analysis and recommendations;

(d) Pertinent correspondence between local government and the department;

(e) The department's letter denying, approving as submitted or approving alternatives together with findings and conclusions and amended text and/or maps;

(f) Documents related to any appeal of the department's action on the amendment;

(g) Supplemental materials including:

(i) Interested party mailing list;

(ii) Comment letters and exhibits from federal, state, local, and tribal agencies;

(iii) Comment letters and exhibits from the general public;

(iv) Recorded tapes and/or a summary of hearing oral testimony;

(v) A concise explanatory statement, if adopted by rule.

(2) State master program files, containing the master program currently in effect, with all text and map amendments incorporated, constituting the official state master program approved document of record.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-060, filed 9/30/96, effective 10/31/96.]




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173-26-070
Adoption of shoreline master programs by rule Department action.
(1) The department may adopt a shoreline master program by rule in the following circumstances:

(a) Pursuant to RCW 90.58.070(2), when a local government fails to approve a master program relating to shorelines of the state within its jurisdiction in accordance with the time schedule provided for in RCW 90.58.080, the department shall carry out the requirements of RCW 90.58.080 and adopt by rule a master program for shorelines of the state within the jurisdiction of the local government. The department has adopted by rule a master program for shorelines of the state within the jurisdiction of those local governments listed in subsection (2) of this section;

(b) Pursuant to RCW 90.58.090(4), when the department determines that those parts of a master program relating to shorelines of statewide significance do not provide for optimum implementation of the policy of chapter 90.58 RCW to satisfy the statewide interest, the department may develop and adopt by rule an alternative to the local government's master program proposal. The department has adopted by rule an alternative master program for shorelines of statewide significance within the jurisdiction of those local governments listed in subsection (2) of this section.

(2) As set forth in subsection (1)(a) and (b) of this section, the department has adopted by rule a master program, alternative master program or portion thereof for the local governments listed below. This listing shall be updated periodically so as to remove reference to local governments who have complied with the requirements of chapter 90.58 RCW and this chapter, having prepared and submitted a shoreline master program that has been approved by the department.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-070, filed 9/30/96, effective 10/31/96.]




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173-26-080
Master programs required of local governments.
The following local governments, listed alphabetically by county, are required to develop and administer a shoreline master program:


Adams County.


Asotin County.

Asotin, city of.

Clarkston, city of.


Benton County.

Benton City, city of.

Kennewick, city of.

Prosser, city of.

Richland, city of.

West Richland, city of.


Chelan County.

Cashmere, city of.

Chelan, city of.

Entiat, town of.

Leavenworth, city of.

Wenatchee, city of.


Clallam County.

Forks, city of.

Port Angeles, city of.

Sequim, city of.


Clark County.

Camas, city of.

LaCenter, town of.

Ridgefield, town of.

Vancouver, city of.

Washougal, city of.

Woodland, city of.


Columbia County.

Dayton, city of.

Starbuck, town of.


Cowlitz County.

Castle Rock, city of.

Kalama, city of.

Kelso, city of.

Longview, city of.

Woodland, city of.


Douglas County.

Bridgeport, town of.

Coulee Dam, city of.

East Wenatchee, city of.

Rock Island, town of.


Ferry County.

Republic, town of.


Franklin County.

Pasco, city of.


Garfield County.


Grant County.

Coulee City, city of.

Coulee Dam, city of.

Electric City, city of.

Grand Coulee, city of.

Krupp, town of.

Moses Lake, city of.

Soap Lake, city of.

Wilson Creek, town of.


Grays Harbor County.

Aberdeen, city of.

Cosmopolis, city of.

Elma, city of.

Hoquiam, city of.

Montesano, city of.

Oakville, city of.

Ocean Shores, city of.

Westport, city of.


Island County.

Coupeville, town of.

Langley, city of.

Oak Harbor, city of.


Jefferson County.

Port Townsend, city of.


King County.

Auburn, city of.

Beaux Arts Village, town of.

Bellevue, city of.

Black Diamond, city of.

Bothell, city of.

Burien, city of.

Carnation, town of.

Des Moines, city of.

Duvall, city of.

Federal Way, city of.

Hunts Point, town of.

Issaquah, city of.

Kent, city of.

Kirkland, city of.

Lake Forest Park, city of.

Medina, city of.

Mercer Island, city of.

Milton, city of.

Newcastle, city of.

Normandy Park, city of.

North Bend, city of.

Pacific, city of.

Redmond, city of.

Renton, city of.

Sea-Tac, city of.

Seattle, city of.

Shoreline, city of.

Skykomish, town of.

Snoqualmie, city of.

Tukwila, city of.

Woodinville, city of.

Yarrow Point, town of.


Kitsap County.

Bremerton, city of.

Port Orchard, city of.

Poulsbo, city of.

Bainbridge Island, city of.


Kittitas County.

Cle Elum, city of.

Ellensburg, city of.

South Cle Elum, town of.


Klickitat County.

Bingen, town of.

Goldendale, city of.

White Salmon, town of.


Lewis County.

Centralia, city of.

Chehalis, city of.

Morton, city of.

Pe Ell, town of.

Toledo, city of.

Vader, city of.

Winlock, city of.


Lincoln County.

Odessa, town of.

Sprague, city of.


Mason County.

Shelton, city of.


Okanogan County.

Brewster, town of.

Conconully, town of.

Coulee Dam, city of.

Okanogan, city of.

Omak, city of.

Oroville, town of.

Pateros, town of.

Riverside, town of.

Tonasket, town of.

Twisp, town of.

Winthrop, town of.


Pacific County.

Ilwaco, town of.

Long Beach, town of.

Raymond, city of.

South Bend, city of.


Pend Oreille County.

Cusick, town of.

Ione, town of.

Metaline, town of.

Metaline Falls, town of.

Newport, city of.


Pierce County.

Bonney Lake, city of.

Buckley, city of.

Dupont, city of.

Eatonville, town of.

Fife, city of.

Gig Harbor, city of.

Lakewood, city of.

Milton, city of.

Orting, city of.

Pacific, city of.

Puyallup, city of.

Roy, city of.

Ruston, town of.

South Prairie, town of.

Steilacoom, town of.

Sumner, city of.

Tacoma, city of.

University Place, city of.

Wilkeson, town of.


San Juan County.

Friday Harbor, town of.


Skagit County.

Anacortes, city of.

Burlington, city of.

Concrete, town of.

Hamilton, town of.

La Conner, town of.

Lyman, town of.

Mount Vernon, city of.

Sedro Woolley, city of.


Skamania County.

North Bonneville, city of.

Stevenson, town of.


Snohomish County.

Arlington, city of.

Bothell, city of.

Brier, city of.

Edmonds, city of.

Everett, city of.

Gold Bar, town of.

Granite Falls, town of.

Index, town of.

Lake Stevens, city of.

Marysville, city of.

Monroe, city of.

Mountlake Terrace, city of.

Mukilteo, city of.

Snohomish, city of.

Stanwood, city of.

Sultan, town of.

Woodway, town of.


Spokane County.

Latah, town of.

Medical Lake, town of.

Millwood, town of.

Rockford, town of.

Spokane, city of.

Waverly, town of.


Stevens County.

Chewelah, city of.

Northport, town of.


Thurston County.

Bucoda, town of.

Lacey, city of.

Olympia, city of.

Tenino, town of.

Tumwater, city of.

Yelm, town of.


Wahkiakum County.

Cathlamet, town of.


Walla Walla County.

Waitsburg, town of.

Walla Walla, city of.


Whatcom County.

Bellingham, city of.

Blaine, city of.

Everson, city of.

Ferndale, city of.

Lynden, city of.

Nooksack, city of.

Sumas, city of.


Whitman County.

Albion, town of.

Colfax, city of.

Malden, town of.

Palouse, city of.

Pullman, city of.

Rosalia, town of.

Tekoa, city of.


Yakima County.

Grandview, city of.

Granger, town of.

Naches, town of.

Selah, city of.

Union Gap, city of.

Yakima, city of.

Zillah, city of.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-080, filed 9/30/96, effective 10/31/96.]




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173-26-090
Periodic review Public involvement encouraged Amendment of comprehensive plans, development regulations and master programs.
Each local government should periodically review a shoreline master program under its jurisdiction and make amendments to the master program deemed necessary to reflect changing local circumstances, new information or improved data. Each local government shall also review any master program under its jurisdiction and make amendments to the master program necessary to comply with the requirements of RCW 90.58.080 and any applicable guidelines issued by the department. When the amendment is consistent with chapter 90.58 RCW and its applicable guidelines, it may be approved by local government and the department or adopted by rule when appropriate by the department.

In developing master programs and amendments thereto, the department and local governments, pursuant to RCW 90.58.130 shall make all reasonable efforts to inform, fully involve and encourage participation of all interested persons and private entities, and agencies of the federal, state or local government having interests and responsibilities relating to shorelines of the state and the local master program.

Counties and cities planning under chapter 36.70A RCW, shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments of the comprehensive plan and development regulations relating to shorelines of the state will be considered by the local governing body consistent with RCW 36.70A.130. Such procedures shall provide for early and continuous public participation through broad dissemination of informative materials, proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, and consideration of and response to public comments.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-090, filed 9/30/96, effective 10/31/96.]




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173-26-100
Local process for approving/amending shoreline master programs.
Prior to submittal of a new or amended master program to the department, local government shall solicit public and agency comment during the drafting of proposed new or amended master programs. The degree of public and agency involvement sought by local government should be gauged according to the level of complexity, anticipated controversy, and range of issues covered in the draft proposal. Recognizing that the department must approve all master programs before they become effective, early and continuous consultation with the department is encouraged during the drafting of new or amended master programs. For local governments planning under chapter 36.70A RCW, local citizen involvement strategies should be implemented that insure early and continuous public participation consistent with WAC 365-195-600.

At a minimum, local government shall:

(1) Conduct at least one public hearing to consider the draft proposal;

(2) Publish notice of the hearing in one or more newspapers of general circulation in the area in which the hearing is to be held. The notice shall include:

(a) Reference to the authority(s) under which the action(s) is proposed;

(b) A statement or summary of the proposed changes to the master program;

(c) The date, time, and location of the hearing, and the manner in which interested persons may present their views; and

(d) Reference to the availability of the draft proposal for public inspection at the local government office or upon request;

(3) Consult with and solicit the comments of any persons, groups, federal, state, regional, or local agency, and tribes, having interests or responsibilities relating to the subject shorelines or any special expertise with respect to any environmental impact. The consultation process should include adjacent local governments with jurisdiction over common shorelines of the state;

(4) Where amendments are proposed to a county or regional master program which has been adopted by cities or towns, the county shall coordinate with those jurisdictions and verify concurrence with or denial of the proposal. For concurring jurisdictions, the amendments should be packaged and processed together. The procedural requirements of this section may be consolidated for concurring jurisdictions;

(5) Solicit comments on the draft proposal from the department prior to local approval. For local governments planning under the Growth Management Act, the local government shall notify both the department and the department of community, trade, and economic development of its intent to adopt shoreline policies or regulations, at least sixty days prior to final local approval, pursuant to RCW 36.70A.106;

(6) Comply with chapter 43.21C RCW, the State Environmental Policy Act; and

(7) Approve the proposal.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-100, filed 9/30/96, effective 10/31/96.]




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173-26-110
Submittal to department of proposed master programs/amendments.
A master program or amendment proposed by local government shall be submitted to the department for its review and formal action. A complete submittal shall include two copies of the following, where applicable:

(1) Documentation (i.e., signed resolution or ordinance) that the proposal has been approved by the local government;

(2) If the proposal includes text amending a master program document of record, it shall be submitted in a form that can replace or be easily incorporated within the existing document. Amended text shall show strikeouts for deleted text and underlining for new text, clearly identifying the proposed changes. At the discretion of the department, strikeouts and underlined text may not be required provided the new or deleted portions of the master program are clearly identifiable;

(3) Amended environment designation map(s), showing both existing and proposed designations, together with corresponding boundaries described in text for each change of environment. Environment designation maps shall include a scale and north arrow and shall be of standard size using distinct reproducible noncolor patterns. All proposals for changes in environment designation and redesignation shall provide written justification for such based on existing development patterns, the biophysical capabilities and limitations of the shoreline being considered, and the goals and aspirations of the local citizenry as reflected in the locally adopted comprehensive land use plan;

(4) A summary of proposed amendments together with explanatory text indicating the scope and intent of the proposal, staff reports, records of the hearing, and/or other materials which document the necessity for the proposed changes to the master program;

(5) Evidence of compliance with chapter 43.21C RCW, the State Environmental Policy Act, specific to the proposal;

(6) Copies of all public, agency and tribal comments received, including a record of names and addresses of interested parties involved in the local government review process or, where no comments have been received, a comment to that effect.



[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95-17), 173-26-110, filed 9/30/96, effective 10/31/96.]




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173-26-120
State process for approving/amending shoreline master programs.
Review and approval of master programs and amendments by the department shall follow the procedures set forth below:


FORMAL REVIEW:


(1) The department shall review the submitted master program or amendment for compliance with WAC 173-26-100 and 173-26-110. The department shall notify the local government in writing when it determines that a complete submittal has been received. If the submittal is determined to be incomplete, the department will identify the deficiencies and so notify the local government in writing. The review process will not commence until the department determines the submittal is complete.

(2) The department shall provide reasonable notice and opportunity for written comment to all parties of record who expressed interest regarding the local government proposal and to all persons, groups, agencies, and tribes that have requested in writing notice of proposed master programs or amendments generally or for a specific subject matter. The comment period shall be at least thirty days, unless the department determines that a lack of complexity or controversy surrounding the proposal supports a shorter period.

(3) For master program or amendment proposals involving local governments planning under chapter 36.70A RCW, the department shall provide notice to the department of community, trade, and economic development of its intent to commence formal review of the local government proposal.

(4) At the department's discretion, it may conduct a public hearing during the comment period in the jurisdiction proposing the master program or amendment.

(5) If the department conducts a hearing pursuant to subsection (4) of this section, it shall publish notice of the hearing in at least one newspaper of general circulation in the area affected by the master program. The public notice shall include:

(a) A description of the proposed master program or amendment;

(b) Reference to the authority under which the action is proposed;

(c) The dates, times, and locations of the public hearing, and the manner in which interested persons may obtain copies of the proposal and present their views.

For master program or amendment proposals involving adoption by rule, the notice of the hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.

(6) Within fifteen days after the close of the department's public comment period, the department shall request of the local government submitting the proposal a review of the issues if any, identified by the public, interested parties, groups, agencies, and tribes, and a written response as to how the proposal addresses the identified issues consistent with the policy of RCW 90.58.020 and the applicable guidelines. Local government shall submit its response to the department within forty-five days of the date of the department's letter requesting a response. If no response is received by the department within the forty-five-day period, the department may proceed with action on the proposal according to subsection (7) of this section. Within the forty-five-day period, the local government may request in writing additional time to prepare a response. (continued)