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                                           Shoreline
                                    Management
                                        Guidebook

                                       Second Edition, 1994



                                                     W A S H I N G T 0 N S 7 A T E
                                                     a E p A R 7 M E N T   0 F
                                                     E C 0 L 0 G Y

                                        Shorelands & Coastal Zone
                         HT393              Management Program
                          w3
                         S54                         93-104A
                         1994
                         v









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                                          Shoreline Management
                                                            Guidebook

                                                           Second Edition, 1994







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                                                                    Volume I
                                       Shoreline Administrator's'
                                                                 Manual


                                                                       W A S H I N 6 T 0 N5 7 A T E
                                                          iiiiiiijag E PART MEN Y           0 F
                                                                       E C 0 L 0 G Y

                                                           Shorelands & Coastal Zone
                                                              Management Program

                                                                        93-104B





                                    Shoreline
                             Administrator's
                                      Manual


                                   Second Edition, 1994



                                   Property of CSC LibxaZy


























                                             N A S 4 1 N G T 0 NS T A 7 E
                                               PART M EN T I F
                                     @@E C 0 L 0 G Y

                                     Shorelands &Coastal Zone
                                       Management Proira"I
                                                       S. Department of Commerce
                                              93-104B NOAA Coastal Services Centex Library
                                                      2234 South Hobson Avenue
                                                      Charleston, SC 29405-2413









                     Administrator's Manual - 1994 Edition







                     PREFACE



                     The purpose of this Manual is to provide local shoreline planners and interested parties
                     with a guide to the "nuts and bolts" of shoreline management. It is intended to further
                     understanding of the laws, regulations, procedures and policies used in the daily
                     administration of shoreline management in Washington. It is not a substitute for the
                     actual laws or official rules which are the subject of discussion. Interpretations and
                     policies in this manual are based on the Shoreline Management Act of 1971 [Chapter
                     90.58 RCWJ, related rules and regulations [Chapters 173-14, 173-16, 173-17, 173-19 and
                     173-22 WAC], Shorelines Hearings Board cases, court decisions, Attorney General's
                     Office opinions, and Ecology staff determinations.


                     The Shoreline Management Act (SMA) is adn-tinistered through a cooperative program
                     between local government and the state Department of Ecology. Local governments have
                     the primary responsibility for initiating and administering the regulatory programs of the
                     SMA. Ecology provides technical assistance to the local governments with an emphasis
                     on ensuring compliance with the policies and procedures of the SMA and related rules.
                     Technical assistance is provided through work shops and conferences, direct inquiries to
                     department staff and through technical assistance documents.


                     Technical assistance documents include this Shoreline Administrator's Manual, Volume I
                     of Ecology's two-volume Shoreline Management Guidebook, and the Shoreline Master
                     Program Handbook, Volume 11 of the Shoreline Management Guidebook. These
                     documents as well as related laws and regulations are available from the Department of
                     Ecology Shorelands Program.


                     Ecology welcomes comments on the Second Edition of the Shoreline A&ninistrator's
                     Manual Please forward your comments to Peter Skowlund, Ecology Shorelands and
                     Coastal Zone Management Program, P.O. Box 47690, Olympia, Washington, 98504-
                     7690.









                    Administrator's Manual - 1994 Edition







                    AcKNOWLEDGMENTS



                    This document was produced by the Washington State Department of Ecology Shorelands
                    and Coastal Zone Management Program, Rod Mack, Program Manager. Special
                    recognition goes to all Shorelands Program staff who participated in the project. Tom
                    Mark and Peter Skowlund were the principal staff persons developing shoreline
                    management concepts and directing the work. Consultant team members included John
                    Owen, Rebecca Rudd and Karin Chew of MAKERS Architecture and Urban Design.


                    The Department also would like to acknowledge the participants from local governments,
                    associated agencies and consulting firms that participated in the state-wide workshop in
                    Seattle, April 19 and 20, 1992, and who reviewed draft materials and helped define
                    shoreline management issues.


                    This publication was funded in part by the National Oceanic and Atmospheric
                    Administration. The views expressed herein are those of the authors and do not
                    necessarily reflect the views of NOAA or any of its subagencies.



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                    Yhe Department of Ecology is an Equal Opportunity and Affirmative Action employer
                    and shall not discriminate on the basis of race, creed, color, national origin, sex, marital
                    status, sexual orientation, age, religion, or disability as defined by applicable state
                    andlorfederal regulations or statutes. Ifyou have special accommodation needs, please
                    contact Ecology at 2061407-7250. Ecology's telecommunications device for the deaf
                    (7DD) number is 2061407-6006









                                   Administrator's Manual - 1994 Edition







                                   TABLE OF CONTENTS




                                   Preface
                                   Acknowledgments


                                   Chapter I - Shoreline Management's Administrative Framework                                                    ...................   I

                                         The Shoreline Management Act's Legal Foundation                                    .........................................   1
                                         Policy of the Shoreline Management Act                           ..........................................................    5
                                               Legislative Findings             ....................................................................................    5
                                               Statement of Policy              .....................................................................................   5
                                               Appropriate Shoreline Uses                   ........................................................................    5
                                               Protection of Public Rights                 .........................................................................    7
                                               Protection of the Environment                    ....................................................................    8
                                               Shorelines of State-wide Significance                        .........................................................   9
                                               Public Participation in Decision Making                        ......................................................    10
                                         The Federal Coastal Zone Management Program                                    .............................................   10

                                   Chapter 2 - Applicability of the Shoreline Management Act                                             ............................   12

                                         Shoreline Master Programs                    ...............................................................................   12
                                         Geographic Applications of the SMA                           ...............................................................   13
                                               Shoreline Classifications               .............................................................................    20
                                         Associated Wetlands or Associated Marshes, Bogs and Swamps                                             ......................  22
                                         Adjacent Lands             ................................................................................................    27
                                         Federal Activities            .............................................................................................    28
                                         Appeals       ............................................................................................................     33
                                         Application of Shoreline Permits to Indian reservations                                 ....................................   34

                                   Chapter 3 Determining SMA Jurisdiction Boundaries                                           ......................................   36

                                         Ordinary High Water Mark Determinations                              ......................................................    36
                                               General Guidelines For All Water Bodies                            ...................................................   37
                                               Additional Instructions               ...............................................................................    39
                                         Associated Marshes, Bogs and Swamps Designation Criteria                                          ...........................  42
                                               General Guidelines              .....................................................................................    42
                                               Special Situations            ........................................................................................   47

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                      Administrator's Manual - 1994 Edition


                      Chapter 4 - Permits and Decisions                         ......................................................................  48

                            Pre-application Meeting               ...................................................................................   48
                            Permit Application; Submittal Requirements                            ..................................................... 49
                            SEPA       ...............................................................................................................  51
                            Development or Substantial Development?                              ...................................................... 52
                            Exemptions          ......................................................................................................  55
                            Guidance on Interpreting Exemptions                          .............................................................. 56
                            TIPS: What's Exempt?                  ....................................................................................  61
                            Pre-existing Uses            .............................................................................................  63
                            Conditional Use Permits               ...................................................................................   65
                            Variance Permits            ..............................................................................................  67
                            Public Notice Requirements                   .............................................................................  70
                            Hearings        ........................................................................................................... 71
                            Review Process            ................................................................................................  71
                            Revisions        .........................................................................................................  79
                            Timing and Duration of Permits                      ....................................................................... 81
                            Rescission of Permits              .......................................................................................  83
                            Appeals       ............................................................................................................  83
                            Remanding of Permits                ......................................................................................  85
                            Enforcement           ....................................................................................................  86

                      Chapter 5 - Related Regulatory Programs                                 ......................................................... 89

                            The State Environmental Policy Act                       .................................................................  89
                            The Section 10/404 Permit Program                        .................................................................  92
                            Section 401 Water Quality Certification                         ........................................................... 93
                            Hydraulics Project Approvals                    ........................................................................... 93
                            Forest Practices Act             .........................................................................................  95
                            Flood Plain Management Program                          ................................................................... 96
                            Model Toxics Control Act                    ............................................................................... 96
                            Aquatic Lands Act              ...........................................................................................  97

                      Appendixes
                      Glossary
                      Index
















                                                                                                                                                                  V









                             Administrator's Manual - 1994 Edition







                             LIST OF FIGURES




                             Figure 2-1. Cross section of SMA Jurisdiction                   ..................................................... 15


                             Figure 2-2.      Options for Setting Shoreline Jurisdiction               .......................................... 16


                             Figure 2-3.      Shorelines of State-wide Significance               ................................................ 22


                             Figure 4-1.      Conditional Use Permit (CUP) or Variance Review Process                         ............... 72


                             Figure 4-2.      Shoreline Substantial Development Permit Review Process                         ................ 73


                             Figure 4-3.      Example of a Site Plan Showing Existing Conditions                     .......................... 74


                             Figure 4-4.      Example of a Site Plan Showing Proposed Modifications                        ................... 75


                             Figure 5-1.      Typical Regulation Programs and Permits Required for Shoreline
                             Development         ......................................................................................................... 91


                             Figure 5-2. Revised Version of U.S. Army Corps of Engineers Permit Process                                ..... 94


















                                                                                                                                                   A









                      Administrator's Manual - 1994 Edition







                      LIST OF APPENDIXES




                      Appendix 1. Sample Shoreline Substantial Development Permit Submittal
                      Checklist


                      Appendix 2. Sample Permit Application Form


                      Appendix 3. Sample Form for Notice of Application for Shoreline Permit


                      Appendix 4. Sample Permit Form


                      Appendix 5. Sample Questionnaire on Related Approvals For Substantial
                      Development Permit Applicants


                      Appendix 6. Sample Exemption Form


                      Appendix 7. Guidelines for Filing a Request for Reviewwrith the Shorelines
                      Hearings Board


                      Appendix 8. Wetland Identification, OHWK and Association Field Form


















                                                                                                         V"









                                    Administrator's Manual - 1994 Edition







                                    CIUPTER I

                                    Shorelin            'e Management's
                                    Administrative Framework



                                    The Shoreline Management Act's Legal
                                    Foundation


                                    The authority to carry out the provisions of the Shoreline Management Act
                                    (SMA) is derived directly from the Constitution of the State of Washington
                                    and from the common law principle known as the Public Trust Doctrine.


                                    The Constitution of the state and the U.S. Constitution provide both the
                                    authority for conducting the activities necessary to carry out the Shoreline
                                    Management Act and significant limitations on that authority. The basic
                                    authority comes from the police power provision. This allows the state
                                    government and, by delegation from the state, local government, to adopt and
                                    enforce laws to protect the public health, safety and general welfare.


                                    Limitations come in the form of the due process provisions. Government
                                    activities that constrain private options have to be conducted according to a set
                                    of rules that assures an opportunity for participation by the affected parties.
                                    The Shoreline Management Act and local shoreline master programs comply
                                    with this requirement by establishing extensive rules for general public and
                                    individual participation in the process of making the rules (i.e. adopting and
                                    amending SN1Ps) and deciding on individual permits. In addition to
                                    establishing rules, adherence to the rules in the decision making process is
                                    fundamental to assuring that any decision will withstand legal challenge.







                                    Chapter I - Shoreline Management's Administrative Framework                     M-1










               Administrator's Manual - 1994 Edition


               Finally, the constitution prohibits the government from taking private property
               without compensation. The meaning of this provision is perhaps the most
               debated issue in land use law. Its meaning is clear in cases of condemnation or
               other acquisition for public use: government must pay the fair market value. It
               is also reasonably clear that most common forms of regulations that impose
               limitations on the use of property, reasonably related to protection of the
               public, do not require compensation even where there may be a significant
               diminishment of property value. However, the courts have indicated that there
               is a point where use limitations on an individual piece of property require
               compensation. For example, an important recent Supreme Court decision
               (Lucas v. South Carolina Coastal Commission) determined that a regulation
               that had the effect of "eliminating all economic use" was a "taking" of that
               property.


               The Shoreline Management Act addresses the takings issue by identifying the
               public purposes served by its implementation and making provision for
               appropriate flexibility in its implementation. Individual master programs also
               need to be drafted with the taking issue in mind.


               The Public Trust Doctrine is a legal principle with roots in the Roman Empire
               but more directly derived from English Common Law. The essence of the
               doctrine (as most recently articulated by the State Supreme Court) is that the
               waters of the state are a public resource, owned by, and available to all citizens
               equally for navigation, fishing, recreation and similar uses.


               This trust is not abrogated by pfivate ownership of the underlying land, and in
               fact the underlying land is permanently encumbered by the public trust.
               Protection of the trust is a duty of the State, and the Shoreline Management
               Act is one of the primary means by which that duty is carried out. Though
               there is clearly no right on the part of property owners to fill or otherwise
               encumber the water surface, the doctrine does not dictate that no land be filled
               or dedicated to a specific use. It does require a careful evaluation of the public
               interest served by any action proposed. This requirement is fulfilled in part by
               the planning and permitting requirements of the Shoreline Management Act.













               Chapter I - Shoreline Management's Administrati%,e Framework                 M-2









                                 Administrator's Manual - 1994 Edition





                                 Look it up! See the Shoreline Public Access Handbook and the Shorelines
                                 Hearings Board Digest of Decisions for references on the concepts of public
                                 trust, takings, liberal construction, and other legal concepts associated with
                     Look        shoreline management in Washington state.
                     It UPI


                                 Look it up! The Public Trust Doctrine is thoroughly investigated in a
                                 WASHNGTON LAW REVEEW, article entitled Ae Public Trust Doctrine
                                 And Coastal Zone Management In Washington State (July 1992, Volume 67,
                     Look        page 521), which should be available at any law library. Similarly on a
                     It UPI      national level, Putting The Public Trust Doctrine To Work, by David Slade
                                 (November 1990) looks at the issue from a national perspective.


                                 The Shoreline Management Act provides the legal authority to the Department
                                 of Ecology to adopt regulations which interpret and foster implementation of
                                 the act. The Department of Ecology's formal regulations for implementation of
                                 the Shoreline Management Act are contained in Chapters 173-14, 173-16, 173-
                                 17, 173-18, 173-19, 173-20 and 173-22 WAC.




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                                 Chapter 1 - Shoreline Management's Administrative Framework               M-3










                          Administrator's Manual - 1994 Edition


                          Local administrators of shoreline programs are most likely to concentrate on
                          Chapters 173-14, 173-17 and Chapters 173-22 WAC. Chapter 173-14 WAC,
                          Permits for Developments on Shorelines of the State, establishes rules for the
                          administration and enforcement of the permit system of shoreline management.
                          Chapter 173-17, Enforcement Regulations sets out the state and local authority
                          policy and procedures related to enforcement actions. Chapter 173-22,
                          Adoption of Designations of Wetlands Associated with Shorelines of the State,
                          designates the wetland areas associated with the streams, takes and tidal waters
                          which are subject to the provisions of the Shoreline Management Act.


                          Rules designating rivers and lakes that are shorelines of the state and shorelines
                          of state-wide significance are found in WAC 173-18, Streams and Rivers
                          Constituting Shorelines of the State, and in WAC 173-20, Lakes Constituting
                          Shorelines of the State. As will be addressed later, because of the criteria for
                          designation in the Act, these lists are not legally definitive on whether a stream
                          or lake is in jurisdiction and on where the stream jurisdiction begins.


                          Tip: Make sure the latest versions of relevant regulations and laws are on
                          your desk. Local jurisdictions are responsible for administering current
                          versions of the state regulations, which may dffer from your SMP language if
             Special      it has not been recently revised. If you're not sure whether you have an up-
               Tip        to-date copy of the SMA and related WACs, call or write Ecology's
                          Shorelands Management Section in Olympia and ask for what you need.













                                                                                CALL OLYMPIA...
                                                            e. f IT            OuR Lia!KAAI@
                                                                                LOOKS OUT OF
                                                                                  WAC!












                          Chapter 1 - Shoreline Management's Administrative Framework              M4









                            Administrator's Manual - 1994 Edition


                               "To this end uses shall be preferred which are consistent with control of
                               pollution andprevention of damage to the natural environment, or are
                               unique to or dependent upon use of the state's shorelines. " (See RCW
                               90.58.020.)


                            More specificafly, priority is given for:

                               it
                                ... singlefamily residences, ports, shoreline recreational uses including
                               but not limited to parks, marinas, piers, and other improvements
                               facilitating public access to the shorelines of the state, industrial and
                               commercial developments which are particularly dependent on their
                               location on or use of the shorelines of the state and other development
                               that willprovide an opportunityfor substantial numbers of the people to
                               enjoy the shorelines of the state. "


                            In a nut shell, preference is given to shoreline uses that are water-dependent or
                            water-related, provide public access and recreational use of the shoreline, as
                            well as other uses which provide an opportunity for substantial numbers of
                            people to enjoy the shoreline and to single family residences. (See RCW
                            90.58.020.)


















                                              Priority Uses and Discouraged Uses of Shorelines



                            The concepts of water-dependent, water-related and water-enjoyment
                            uses has been developed to provide the crucial elements in the decision making
                            for shoreline areas where there are competing potential uses, and also within
                            the individual components of any particular proposal.




                            Chapter 1 - Shoreline Management's Administrative Framework                   M-6









                                   Administrator's Manual - 1994 Edition


                                   A water-dependent use is one which requires direct contact with the water
                                   and cannot exist at a non-water location due to the intrinsic nature of its
                                   operations. Examples of water-dependent uses may include ship cargo
                                   terminal loading areas, ferry and passenger terminals, barge loading facilities,
                                   ship building and dry docking, marinas, aquaculture, float plane facilities, and
                                   sewer outfalls.


                                   A water-related use is a use which is not intrinsically dependent on a
                                   waterfront location but whose operation cannot occur economically without a
                                   waterfront location. Examples of water-related uses may include warehousing
                                   of goods transported by water, seafood processing plants, hydroelectric
                                   generating plants, gravel storage when transported by barge, oil refineries
                                   where transport is by tanker, and log storage.


                                   Water-enjoyment uses are recreational uses, or other uses facilitating public
                                   access to the shoreline as a primary characteristic of the use; or uses that
                                   provide for recreational use or aesthetic enjoyment of the shoreline for a
                                   substantial number of people as a general character of the use and which
                                   through their location, design and operation assure the public's ability to enjoy
                                   the physical and aesthetic qualities of the shoreline. Examples may include
                                   parks, piers, museums, restaurants, educationaUscientific reserves, resorts, and
                                   mixed use projects.


                                   It should be noted that the use preference does not exclude other uses nor does
                                   it require that preferred uses be allowed -everywhere. It does require that in
                                   planning for the shoreline and in making the daily decisions implementing the
                                   Act that all uses must be closely scrutinized to assure that they are reasonable
                                   and appropriate in a given setting and that other uses do not act to exclude
                                   preferred uses in those areas uniquely suited to their location.


                                   Protection of Public Rights


                                   The act states:


                                       '7his policy? is designed to insure the development of these
                                       shorelines in a manner which, ii,hile allon,ing limited reduction Of
                                       rights of the public in the navigable waters, will promote and
                                       enhance the public interest.







                                   Chapter I - Shoreline Management's Administrative Framework                   M-7










                          Administrator's Manual - 1994 Edition
                             3. Result in long-term over short-term benefit                                        is

                             4.  Protect the resource and ecology of the shoreline.


                             5.  Increase puhlic access to publicly oivned areas of the
                                 shorelines.


                             6   Increase recreational opportunifiesfor the public in the
                                 shoreline.


                             7.  Providefor any other element as defined in RCW 90.58. 100
                                 deemed appropriate or necessar)@


                          Public Participation in Decision Making

                          The one clear policy of the act that is not established directly in RCW
                          90.58.020 is the policy that all decisions related to the shorelines should be
                          made with full opportunity for public participation.

                          The Federal Coastal Zone Management Program

                          The U.S. Congress enacted the Federal Coastal Zone Management Act of
                          1972. The Federal Coastal Zone Management Program encourages a system
                          of state programs that provide for the management of the coastal zone on a
                          coordinated and consistent basis, supported in part by federal funding. Partly
                          because it already had a statewide shoreline management program in place, the
                          State of Washington was the first state to gain federal approval of its coastal
                          zone management program (in 1976). Washington's Coastal Zone
                          Management Program covers the fifteen counties in western Washington
                          bordering on salt water. The CZMA is administered by the National Oceanic
                          and Atmospheric Adm@inistration (NOAA) at the federal level and within the
                          state of Washington by the Department of Ecology.


                          One of the benefits of participation in the CZM program is that within the
                          coastal zone, federal projects and projects that require federal permits (e.g.
                          Corps of Engineers Section 10/404 permits) must meet the consistency
                          requirements of the Federal Coastal Zone Management Act. Under t6
                          Washington CZMP this means consistency with the SMA and other state
                          environmental regulations. An additional benefit is that federal funding is





                          Chapter I - Shoreline Management's Administrative Framework             M-10










                                  Administrator's Manual - 1994 Edition
     is                           available to jurisdictions within the Coastal Zone through the Department of
                                  Ecology for a variety of activities that promote goals and policies of the
                                  CZN4A.


                                  Look it up! Refer to the Federal Coastal Zone Management Act, 16 USC
                                  1451 et seq. See also the sections in this manual on federal consistency
                                  requirements and SMA jurisdiction over federal and tribal lands.
                      Look
                      It Up!















































                                  Chapter I - Shoreline Management's Administrative Framework                M-11










                          Administrator's Manual - 1994 Edition


                          The master program has certain characteristics in common with a
                          comprehensive land use plan, a zoning code and a building code. The master
                          program establishes policies to guide decisions about development, like a
                          comprehensive plan. Like a zoning code, it is a comprehensive use regulation -
                          and administration of it requires consideration of (and, of course, consistency
                          with) the program any time that a use is proposed to be established, whether or
                          not a shoreline permit or other authorization is required. Like a building code,
                          the requirement to obtain a (substantial development) permit is not linked to
                          how the use or activity is treated by the master program (code). If the project
                          involves "substantial development" as defined in the SMA, then a permit is
                          required.


                          The point of all this is to assure that the shoreline is managed comprehensively.
                          The Act, and the master programs, address both what uses are made of the
                          shoreline and how those uses are built and conducted over time.


                          An ad ditional purpose of the system is to assure the ability of the public to
                          participate in the decisions about shoreline use and development. Thereby, the
                          SMA establishes requirements for public notice and review opportunities in the
                          development of master programs or amendments to them and in association
                          with the review of individual projects through the permit process.

                          Geographic Applications of the SMA

                          The Shoreline Management Act applies to the following geographical shoreline
                          areas [RCW 90.58.030(2)]:


                          1. All marine waters of the state, together with the lands underlying them, out
                             to the western state boundary in the Pacific Ocean (the three-n-dle limit).


                          2. All freshwater areas of the state, together with the lands underlying them,
                             except:


                             a. Streams and rivers with a mean annual flow of less than 20 cubic feet
                                 per second (cfs), Please note that a stream may go dry part of the year
                                 and still be a shoreline as long as the 20 cfs mean ANNUAL flow is
                                 met; and









                          Chapter 2 - Applicability of the Shoreline Management Act                 M-13










                                    Administrator's Manual - 1994 Edition


                                        b. Lakes and reservoirs less than 20 acres in area. (The area used to make
                                            this determination is defined by a continuous ordinary high water mark
                                            and may include vegetated areas as well as open water areas.)


                                    3. "Associated wetlands" of these shorelines.


                                    Tip: You may see terms such as "shoreline district", "shoreline area",
                      czr           "waterfront" or others, used to refer to the geographic area covered by the
                                    Shoreline Management Act. To avoid confusion, the Department of Ecology
                      Special       uses "shoreline jurisdiction" to refer to the total legal area of coverage of
                        Tip         the SMA.



                                    Tip: Local shoreline jurisdiction extends waterward from the shoreline to the
                                    city or county limit in the water.

                      Special
                        Tip




































                                    Chapter 2 - Applicability of the Shoreline Management Act                     M-14










                 Administrator's Manual - 1994 Edition








                  OPTION I



                            Shoreline Jurisdiction









                                                                        %%
                                                                           %


















                                                                   "ru
                                                                                            X
                                                    ..... ..........
                    7@x River

                            Wetiand


                            Floodway
                    L----'i 100-Yr. Floodplain

                            200 Feet on either Side of the Floodway


                            Dike


                    Shoreline jurisdiction includes all lands within 200' of floodway or OURVNI (.%vhiche,. er is greater),
                    plus all marshes, bogs and swarrips in the 100-year floodplain






                 Figure 2-2. Options for Setting Shoreline Jurisdiction (Page 2 of 4)





                 Chapter 2 - Applicability of the Shoreline Management Act                                           M-17









                       Administrator's Manual - 1994 Edition








                        OPTION 2



                                 Shoreline Jurisdiction








                                                   4              Ab









                                              if
                                               Z.








                                                          .7.

                                                           ....... .......
                          72X    River                                    V

                                 Wetland


                          I ..... Floodway

                          r----%
                          L---11 100-Yr. Floodplain

                                 200 Feet on either Side of the Floodway


                          7........ .. Dike


                          Shoreline jurisdiction includes all lands within 200'of floodwaN or 0HX%N1 (whichever is greater),
                          plus the entire 100-Nlear floodplain






                       Figure 2-2. Options for Setting Shoreline Jurisdiction (Page 3 of 4)





                       Chapter 2 - Applicability of the Shoreline Management Act                            M-18









                                 Administrator's Manual - 1994 Edition



                                 Shoreline Classifications


                                 Non-SNU waters - These are the small streams, ponds and lakes that don't fall
                                 under SMA jurisdiction.


                                 Shorelines of the State - Provisions of the Act apply to all "shorelines of the
                                 state" including two types of shorelines for administrative and management
                                 purposes: "shorelines of state-wide significance" and "shorelines":


                                 1. Shorelines of State-wide Significance (SSWS) - a select group given
                                     special priority by the Act.


                                 2. Shorelines - areas covered by the Act but not highlighted as of special
                                     importance to all the people of the state.


                                 An easy way to remember these SMA terms is:


                                     Shorelines of the State = Shorelines + SSWS


                                 "Shorelines of State-wide Significance" are geographically defined as
                                 follows [RCW 90.58.030(2)(e)]:


                                 I . The Pacific Ocean coastline (Cape Disappointment to Cape Flattery) of
                                     the state, including harbors, bays, estuaries, and inlets seaward from the
                                     ordinary high water mark and all wetlands associated with these waters;


                                 2.  Nisqually Delta, Birch Bay, Hood Canal, Skagit Bay, and Padilla Bay,
                                     waterward from the ordinary high water mark and all associated wetlands;


                                 3.  All other areas of Puget Sound and the Strait of Juan de Fuca and
                                     adjacent salt water areas lying waterward of the extreme low tide line
                                     (not including the adjacent tidelands or uplands),-


                                 4.  Lakes over 1,000 acres in area and their associated wetlands;


                                 5.  Rivers, or segments thereof, and their associated wetlands, which meet
                                     one of the following criteria:


                                     a. West of the Cascade crest - A mean annual flow of at least 1,000
                                         cubic feet per second.



                                 Chapter 2 - Applicability of the Shoreline Management Act                M-20










                             Administrator's Manual - 1994 Edition


                                b. East of the Cascade crest - Either:


                                    i. A mean annual flow of 200 cubic feet per second or more; or


                                    ii. The portion downstream from the first 300 square miles of drainage
                                        area.








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                             10 C) C) C@                                              f ron, 4%c JP r5i-
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                             Tip: It is a good practice to list and draw all the SSWSs including tidelands,
                             floodways, floodplains, uplands, etc. on a reference map and make it a part of
              Special        your permit review to check it when a proposal is first received.
                Tip


                             Tip: In reviewing permits for areas designated as Shorelines of State-wide
              (Q70,          Significance, you need to demonstrate that the use priorities for these areas
                             were specifically considered and evaluated by the local jurisdiction. Review
              Special        of the permit decision (e.g. by the Shoreline Hearings Board) will look at
                 Tip         whether the issue of state vs. local interests, for example, was specifically
                             addressed. Remember that these priority tests usually apply to the associated
                             wetlands (uplands and marshes bogs and swamps under jurisdiction), as well
                             as the SSWS water areas. Keeping a reference list and map of the extent of
                             all the SSWSs will help remind staff of this consideration.



                             Chapter 2 - Applicability of the Shoreline Management Act                     M-21









                                   Administrator's Manual - 1994 Edition



































                                      lop













                                   Figure 2-3. Shorelines of State-wide Significance illustrating state-wide coverage.


                                   Associated Wetlands or Associated Marshes,
                                   Bogs, and Swamps

                                   The land areas bordering the shorelines o  f the state that are under the
                                   jurisdiction of the act are defined in the act as "wetlands" See RCW
                                   90.58.030 (2)(0. These areas are also referred to in the act as "associated
                                   wetlands. "




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                          Administrator's Manual - 1994 Edition


                          Under the SMA the terms "wetlands" and "associated wetlands" do not
                          refer exclusively to biological wetlands, which are referred to as "associated
                          marshes, bogs and swamps". See WAC 173-22-030 (5), and -040 (lb, 2b,
                          3c). All land areas above (landward from) the ordinary high water mark that
                          are under jurisdiction are defined as "wetlands". This may include very high
                          dry land if it meets the terms of the definition. From the perspective of the
                          1990s, this is an unfortunate bit of legal shorthand that causes confusion for
                          nearly everyone because of the now common usage of the term "wetlands"
                          when referring to biological wetlands.


                          In reviewing a project, your master program should be carefully reviewed to
                          determine if the term "wetlands" means "shoreline jurisdiction" or "biological
                          wetland" in the specific circumstance under review.








                                                     ?



                                              sffiA.ea



                                                 IA/ @ o -rL6 d W&I cui d ?




                                     Two Definitions of "Wetlands": Jurisdictional and Biological









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                                     Administrator's Manual - 1994 Edition


                                     "Associated wetlands" include:


                                     I . All lands extending landward 200 feet in all directions as measured on a
                                         horizontal plane from the ordinary high water mark; and


                                     2.  Floodways and contiguous floodplain areas landward 200 feet from such
                                         floodways; provided that local government may, within its master program,
                                         include a greater area within the floodplain up to and including the entire
                                         100 year floodplain; and


                                     3.  All marshes, bogs, and swamps, associated with the streams, lakes and
                                         tidal waters of the act including, at a minimun-@ those located within the
                                         100 year floodplain; and


                                     4.  River deltas associated with the streams, lakes and tidal waters of the act
                                         except for those lands protected from floodwaters by authorized flood
                                         control devices.



                                     Tip: Detailed guidance on determining the ordinary high water mark and
                                     identifying associated marshes, bogs and swamps is found in Chapter 3 of this
                       Special       manual.
                         Tip


                                     Tip: Most local SMPs include the entire 100-year floodplain in the shoreline
                       (C;Qp=,       jurisdiction. However, under amendments to the SMA in 1975, local
                                     governments were given the option to designate the extent of jurisdiction
                       Special       within the floodplain to include, at a minimum, the floodway plus 200 feet
                         Tip         and all associated marshes, bogs and swamps including, at a minimum, those
                                     located within the 100-year floodplain. Check your SMP to see how
                                     11 associated wetland", "wetland", floodplain/floodways are defined for your
                                     area. Changing the area that your SMP applies to requires an amendment to
                                     the SMP including approval by Ecology.




                                     Tip: Marshes, bogs and swamps located within a 100-year floodplain remain
                                     within shoreline jurisdiction despite changes to an SMP to exercise the
                                     "floodway plus 200 feet" option. Thus, activities in these biological wetland
                       Special       Lareas are regulated by the SMA and local shoreline master programs.              -J
                         Tip




                                     Chapter 2 - Applicability of the Shoreline Management Act                      M-24










                           Administrator's Manual - 1994 Edition



                           Tip: Note that naturally occurring and manmade alterations of the shoreline
              G;QF@l       can result in modifications in the boundary of shoreline jurisdiction.
                           Examples of such alterations include permitted marimade changes such as
              Special      landfilling and dredging, flood control projects, and natural changes due to
                Tip        landslides, flooding, channel alterations, or river course changes. See RCW
                           190.58.030(7).































                                                  "What lake? It wasn't here last week?"




















                           Chapter 2 - Applicability of the Shoreline Management Act                      M-25










                                       Administrator's Manual - 1994 Edition



                                         Look it up! The Department of Ecology has codified designation criteria
                                         for associated wetlands as Chapter 173-22 WAC, Adoption of
                                         Designations of Wetlands Associated with Shorelines of the State. Although
                           Look          Ecology maintains maps designating shorelines of the state and their
                          It UPI         "associated wetland" Ourisdictional) areas (WAC 173-22-060), the areas
                                         within 200 feet of the ordinary high water mark and/or floodways as well as
                                         100 year floodplains and marshes, bogs, swamps, and river deltas are not
                                         always mapped in detail. Site specific analysis and expert assistance from
                                         Ecology and other agencies can help local government to determine the exact
                                         shoreline jurisdiction. Training is also available from Ecology on locating the
                                         OHWM and on delineation of wetlands.


                                         Please note that Ecology is the agency designated within the SMA as being
                                         responsible for determining shoreline jurisdiction [RCW 90.5 8.03 0(2)(0].
                                         While day to day administration requires local govenunent to make these
                                         determinations, if you are in doubt, contact the Department of Ecology.










                                                                                                   4



                                                                                                           0   0


                                                                                                 kvf 0



                                                                                                          0
                                                                                                          a   C1







                                                                           The criteria prevail!





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                            Administrator's Manual - 1994 Edition



                            Tip: In determining shoreline jurisdiction, the criteria described in Chapter
              Givo,         173-22 WAC prevail over any lists, maps, or inventories (WAC 173-22-055).
                            For example, to determine if a stream falls under the SMA, first check
              Special       Chapter 173-18 WAC to see if it is listed. If it is not listed and there is
                Tip         reason to believe that the water body may be in jurisdiction, proceed with a
                            determination in consultation with the Department of Ecology. If a stream
                            has a mean annual flow of 20 cfs or more or a lake is 20 surface acres or
                            more, it falls under SMA/SMP jurisdiction even though it has not been
                            officially catalogued. Any area that meets the criteria in RCW 90.58.030
                            (2)(f) and (g) and Chapter 173-22 WAC automatically falls under shoreline
                           1jurisdiction.


                            Tip: You need to distinguish between the use of "ordinary high water mark",
                            which as defined in the SMA is a soil and/or vegetation mark, and "ordinary
                            high water" or "mean high water", which are measurements of average water
              Special       elevations at a particular location. Unlike tidal elevation indicators used for
                Tip         other regulatory programs (notably the Corps of Engineers' Section 10/404
                            permit program ), the SNLk uses the "ordinary high water mark", as defined
                           linRCW90.58.030(2)(b). SeeChapter3.


                            Adjacent Lands

                            The Shoreline Management Act requires that local governments and other
                            agencies review policies and regulations that apply to adjacent lands, that is,
                            lands under their jurisdiction that are adjacent to shorelines of the state "...so
                            as to achieve a use policy on said land consistent with the..." Act and the
                            SMP. In other words, comprehensive plans and zoning must be consistent
                            with the SMP'provisions, environmental designations, and maps. See RCW
                            90.58.340.


                            Shoreline permits for project sites that include land in shoreline jurisdiction as
                            well as adjacent areas should include consideration of the impacts of the entire
                            project. The permit should address the portion of a project outside the
                            shorefine area to the extent that it causes, or contributes to, shoreline impacts
                            and should include consideration of the total project's consistency with the
                            policies of the Act and the SMP.









                            Chapter 2 - Applicability of the Shoreline Management Act                        M-27









                                     Administrator's Manual - 1994 Edition



















                                                                                           J
                                                                                        Y17

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                                                                  Xt's 200 ;ee' 211 ight.        Non . DR go cedl
                                                                 I i+%;Ak IWS gaiAq ic need      for re;nforcements.
                                                                 0_ Skoej; ev-_ perrA"J- for
                                                                  fkat bed.








                                     Tip: For projects only partially located within shoreline jurisdiction, the
                       Gi@           shoreline permit must incorporate consideration of the entire integrated
                                     project and a determination of consistency with the policies of the SMA and
                       Special       the local SNT must be made, only the portion within the shoreline
                         Tip         jurisdiction must meet local SNP regulations and standards (e.g. height limit,
                                     lot coverage, etc.). Remember, to the extent that it may cause shoreline
                                     impacts, the whole project must be consistent with the policies of the SMA
                                     and the local SNT.


                                     Federal Activities


                                     Application of Shoreline Permits to Federal Lands and
                                     Activities


                                     The requirements of the SMA clearly apply to private projects on privately
                                     owned lands, and to private, local government, and state govemment actions
                                     on local or state government lands. The application of the SMA to federal
                                     activities or lands is a very complex issue involving interpretation of the U.S.
                                     Constitution, federal laws and regulations.





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                          Administrator's Manual - 1994 Edition


                          The general rule is that the federal government is immune to state and local
                          permits. However, Congress has waived this federal immunity under certain
                          circumstances. For example, the Federal Clean Water Act requires federal
                          agencies to get state dredging and water quality permits. The federal courts
                          have held that shoreline permits are dredging and water quality permits. So
                          federal agency projects that require dredging or that affect water quality
                          require shoreline permits. The Coastal Zone Management Act also provides
                          for state (and thereby local) review of federal projects.








                                       n
                                SMOKiN, STUMI            n@ay, let-s.5ee
                                    IONAL FOKE.@@w         ur     A

                                                                                                 LiD.


















                                                      "Let's see your permit."



                          The Shoreline Management Act regulations help permit administrators decide
                          if a shoreline permit is required. WAC 173-14-062(a) provides that federal
                          agencies do not need to get shoreline permits on land they own in fee unless
                          the federal government reserves substantial jurisdiction to state and local
                          governments. For example, the National Park Service is not required to get
                          shoreline permits for projects within a National Park while the Navy would
                          need a permit for a pier project even on land (submerged) that they own
                          because it would affect state waters and the Clean Water Act "reserved
                          substantial jurisdiction" to the state on water quality matters.





                          Chapter 2 - Applicability of the Shoreline Management Act                 M-29









                                    Administrator's Manual - 1994 Edition










                                                                                                 r%eedzu,%&S
                                          Uq@ do                                       04%d CX covpi,- o42 conciitions.
                                         you *Iiy\@?


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                                                                  Twiecr



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                                                                   Testing for Consistency



                                    Federal agencies do need shoreline permits for developments on lands under
                                    lease, easement or license to the federal government (WAC 173-14-062). For
                                    example, if the Coast Guard was leasing a storage area from a c'itizen, new
                                    substantial development on the site would require a shoreline permit. (The
                                    U.S. Court of Appeals for the Ninth Circuit has, in dicta, indicated that this
                                    rule is binding on federal agencies.)


                                    WAC 173-14-062(2) requires private parties, local governments and state
                                    agencies to get shoreline permits for projects on federal lands. So a private
                                    resort or a local or state highway project on National Forest land requires a
                                    shoreline permit. Projects on private or state in holdings within federal lands
                                    also require shoreline permits.
















                                    Chapter 2 - Applicability of the Shoreline Management Act                       M-30










                         Administrator's Manual - 1994 Edition






                                        Add @H W-Ssu@- %lb

                                                                           -Tust- L, @ew n-wre steps!
                               BUT-






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                                                                                  STATE







                         Tip: Maps produced by the Department of Ecology showing shorelines of
             cvv         the state, and maps produced by the Department of Natural Resources for
                         forest management purposes generally do not show SMAjurisdiction
             Special     extending into National Forest lands. Before you conclude that a shoreline
               Tip       permit is not required, check the requirements of WAC 173-14-062 and the
                         geographic jurisdiction requirement of the SMA. If in doubt, contact the
                         I Department of Ecology.


                         The Coastal Zone Management Act

                         While the Clean Water Act has been interpreted by the Courts to require
                         shoreline permits for certain federal activities, the Coastal Zone Management
                         Act (CZMA) provides a more direct and general linkage between the SMA and
                         federal activities. To understand this linkage an explanation of the CZMA is
                         necessary. The CZMA was enacted by Congress in 1972 to promote wise and
                         efficient use of coastal resources. It is a voluntary program. Coastal states
                         that choose to parficipate develop a program which is submitted to the federal
                         government for approval. Once the program is approved, the CZMA requires
                         that federal agency activities and decisions that affect coastal zone land uses,
                         water uses, or natural resources must be consistent with it. (The consistency
                         requirements can be found at 16 U.S. C. 1/2 1456(c) - (d) (Supp. 1991)).
                         Federal activities and decisions that are generally subject to these requirements
                         include, development projects, permits and licenses, grants and loans, Outer
                         Continental Shelf energy activities, and land acquisition and/or management
                         planning decisions. In short, any action that may affect the lands, waters or
                         resources of the coastal zone.


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                                 Administrator's Manual - 1994 Edition


                                 As approved by the federal government, Washington's Coastal Zone
                                 Management Program (CZMP) includes the Shoreline Management Act, and
                                 the associated regulations (WACs) including the local goverriment shoreline
                                 master programs approved under the Shoreline Management Act. It also
                                 incorporates the Washington State Environmental Policy Act (SEPA), the
                                 Clean Water Act, the Clean Air Act, and the Washington State Energy Facility
                                 Site Evaluation Council (EFSEC) Act, among others.


                                 Washington's CZMP defines the coastal zone to include all of Clallarn, Grays
                                 Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan,
                                 Skagit, Snohomish, Thurston, Wahkiakum, and Whatcom counties.

                                 Federal Consistency Certification

                                 The State of Washington must decide whether federal activities and decisions
                                 are consistent with the CZMP. Ecology is the agency designated to make this
                                 decision which is referred to as consistency certification. The process involved
                                 depends on the type of federal action. However, if the terms of the SMA and
                                 WAC 173-14-062 indicate that a permit is required for the activity or project
                                 which a decision will authorize then consistency certification will not be
                                 granted unless a shoreline permit has been obtained.


                                 Federal Activities


                                 A federal activity is any function performed by or for a federal agency.
                                 Examples of federal activities include adopting a management plan for a
                                 wildlife sanctuary and operating a Coast Guard station, building a military base
                                 or purchasing land for a recreation area.


                                 Federal activities that affect any land use, water use or natural resource of the
                                 coastal zone must be consistent with the Washington Coastal Zone
                                 Management Program to the "maximum extent practicable." Federal
                                 regulations define "maximum extent practicable" to mean that the federal
                                 activity or project must be fully consistent with the' state program unless
                                 federal agency compliance is prohibited by an existing federal law. The federal
                                 agency sends a consistency determination to Ecology. Ecology has 45 days to
                                 agree or disagree.









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                         Administrator's Manual - 1994 Edition


                         Federal Permits and Licenses


                         Many different kinds of private or local or state government projects are
                         subject to federal regulatory requirements and therefore a federal agency must
                         approve a permit or license for the project. Common examples are Corps of
                         Engineer 404 and Section 10 permits and Federal Energy Regulatory
                         Commission licenses.


                         A federal agency cannot approve a permit or a license for a project that affects
                         the coastal zone unless Ecology agrees that the project is consistent with the
                         CZMP.


                         For U.S. Army Corps of Engineers Section 404 and Section 10 permits,
                         project proponents apply for a permit from the Corps. The Corps
                         automatically requests certification from Ecology. For other federal permits,
                         the applicant contacts Ecology directly. If Ecology does not respond within six
                         months of receiving the required information, Ecology is presumed to agree
                         that the project is consistent.


                         Federal Grants and Loans


                         State and local governments applying for federal grants or loans for projects
                         that affect the coastal zone must request that Ecology review the project for
                         consistency. The applicant must provide the federal funding agency with
                         Ecology's decision. The federal agency cannot approve a grant or loan that is
                         inconsistent with the CZMP.


                         Outer Continental Shelf Energy Activities

                         Federal law defines the outer continental shelf as the part of the ocean more
                         than three miles from the shore out to about 200 miles. The outer continental
                         shelf is not part of the coastal zone. However, if energy activities in the outer
                         continental shelf affect the coastal zone, then the activities must be consistent
                         with the CZNIP. Energy activities include oil and gas lease sales, exploration,
                         and production.


                         Appeals

                         Applicants for federal permits, approvals, grants, and loans can appeal Ecology
                         consistency certification decisions to the Secretary of the U.S. Department of
                         Commerce. The Secretary can overturn Ecology's decision if the Secretary
                         finds the proposal is consistent with the objectives of the CZMA or is in the


                         Chapter 2 - Applicability of the Shoreline Management Act                  M-33









                                       Administrator's Manual - 1994 Edition


                                       interest of national security. Federal agencies can ask the President to exempt
                                       an activity from the CZMA consistency requirement.


                                       Look it up! For more information on the CZMA, a copy of the CZMA, or
                                       information on Washington's federally approved Coastal Zone Management
                                       Program call or write the Federal Consistency Coordinator, State of
                         Look          Washington, Department of Ecology, P. 0. Box 47690, Olympia,
                         It UPI        Washington, 98504-7690. Telephone (206) 438-7468, SCkN 585-7468.

                                       Application of Shoreline Permits to Indian
                                       Reservations


                                       The application of the SMA to land within Indian reservations is a complex
                                       legal issue that should be approached with caution and sensitivity.


                                       Indian tribes have the authority to plan for and regulate tribal trust lands and
                                       lands allotted to and held in trust for tribal members within their reservations.
                                       They also have the authority to regulate land owned by non-members in
                                       reservation areas where Indians own significant amounts of land and make up a
                                       majority of the population.


                                       State and local governments do not have the authority to regulate tribal trust
                                       lands and land allotted to and held in trust for tribal members. So the SMA
                                       and shoreline master programs do not apply to these properties. Current case
                                       law indicates that the SMA and shoreline master programs may apply to land
                                       owned in fee by non-tribal members where non-Indians make up more than half
                                       the population and own nearly half the land. However, other circumstances
                                       may limit state and local authority over non-Indian land on Indian reservations.
                                       In addition, the factors that the courts look to in deciding if local and state
                                       governments have authority over land on reservations are unclear and may
                                       change. This means that jurisdictional questions require fact specific analysis.
                                       Even after such an analysis, the extent of authority may be unclear.


                                       The Department of Ecology recommends a cooperative approach to
                                       jurisdictional issues. The Department of Ecology urges local governments to
                                       work with Indian tribes and Ecology to cooperatively define the extent of
                                       jurisdiction and to coordinate applicable regulations.








                                       Chapter 2 - Applicability of the Shoreline Management Act                              M-34










                          Administrator's Manual - 1994 Edition


                          Tribal trust lands and lands allotted to and held in trust for tribal members are
                          excluded from the Coastal Zone. However, the Coastal Zone Management
                          Act consistency requirements apply to federal agency activities and on Indian
                          reservations that affect the coastal zone. This requirement also applies to trust
                          lands.


                          Tip: Policy regarding shoreline management on federal and tribal lands is
                          subject to change due to federal regulations, policy interpretations, and court
                          decisions. For more current information ask the Management Section of the
             Special      Department of Ecology's Shorelands and Coastal Zone Management
               Tip        Program.







































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                                   Administrator's Manual - 1994 Edition










                                   CIUPTER 3


                                   Determining SMA Jurisdiction
                                   Boundaries




                                   NOTE.- Thefollowing guidelines are intendedfor use in thefield and office
                                   as a reference. These guidelines are not official rules or regulations except
                                   as specifically provided in the SMA and related rules and regulations cited
                                   herein. Ahvays look to the RCWand WACsfirst and then use these rules as
                                   guidance in applying the regulations on a specific site.

                                   Ordinary High Water Mark Determinations

                                   The SMA defines the ordinary high water mark (OHWN4) as "that mark that
                                   will be found by examining the bed and banks and ascertaining where the
                                   presence and action of waters are so common and usual, and so long
                                   continued in all ordinary years, as to mark upon the soil a character
                                   distinct from that of the abutting upland, in respect to vegetation..."
                                   [RCW 90.58.030(2)(b) and WAC 173-22-030(6)].


                                   Determining the OHWK as evidenced from the preceding language of the
                                   SMA, is not exclusively an engineering calculation or a precise scientific
                                   endeavor. Although based on empirical evidence as much as is practical, an
                                   OHWM determination is a result of a consideration of a variety of biological
                                   and hydrological factors, historical patterns, observations and measurements in
                                   order to carry out the intent of the SMA. The OHWM on any particular site is
                                   not a static line or level, such as a surveyed mean tide elevation but rather is
                                   the dynamic edge of the waterbody under legal jurisdiction of the Act. As
                                   such, the OHWM (i.e. the waterbody edge) may change over time due to
                                   natural events or as a result of permitted actions. Examples would include: a



                                   Chapter 3 - Determining SMA Boundaries                                       M-36










              Administrator's Manual - 1994 Edition


              river changing course over the years (natural), or a landfill or shoreline
              excavation for a large marina (manmade).


              Determination of the OHWM is of key importance in not only delineating
              shorehe jurisdiction (200 feet measured from OFNM) but also in applying
              regulations and establishing setbacks which are usually measured from the
              OHWM. Many master programs have separate regulations for projects based
              on whether they are located "upland" (of the OHWM) or are "over/in-water"
              (waterward of the OHWM).



              Tip: For the purposes of the following section, the term "wetland" shall be
       (Cw-   synonymous with "marsh, bog or swamp" per WAC 173-22-030 (5).

       Special
        Tip

              1. General Guidelines For All Water Bodies


                A. Clear Vegetation Mark - Look for the uppermost clear mark on Ihe
                  bank with respect to vegetation. Often this is where permanent upland
                  vegetation begins at the edge of bare soil. The mark may be defined by
                  a combination of soil, elevation, or channel development.




















                          "Here's where the vegetation changes."







              Chapter 3 - Determining SMA Boundaries M-37









                                 Administrator's Manual - 1994 Edition


                                     B. Wetland/Upland Edge - Look for a clear wetland-upland edge if the
                                         wetland is continuous from the water's edge with respect to soils,
                                         vegetation, or hydraulic continuity.


                                     C.  Combination Changes - If a mark is not obvious, look for a change as
                                         evidenced by:

                                         1.  Change in vegetation as one moves in an upland direction;
                                         2.  Increase in land elevation;
                                         3.  Landward limit of drift deposition;
                                         4.  Soil surface changes from algae or sediment deposition areas to
                                             areas where the soils show no sign of depositional processes from
                                             the water-,
                                         5.  Changes in soil profile from wetter or drier conditions (low chroma,
                                             high organic matter, lack of mottling) to drier conditions (higher
                                             chroma, less organic matter, brighter mottles). Use Munsell Soil
                                             Chart.

                                     D.  Elevation - Identify the elevation of the obvious mark and project
                                         where appropriate into areas where mark is unclear (such as where
                                         disturbance has occurred). Use either your eyes and estimate a level
                                         elevation or use a transit or pea level, or use the natural "level" of the
                                         water itself when it reaches the targeted benchmark during a high tide
                                         or event.


                                     E.  Non-SMA ditches, streams, and pipes entering SMA waters:

                                         I . Project the OHWM elevation up the channel.
                                         2.  For pipes or culverts, project the OHWM elevation through the
                                             pipe or culvert if the OHWM elevation connects with another water
                                             body at that elevation. Otherwise, cut off OHWM at the
                                             downstream end of the pipe or culvert ,
                                         3.  Tidegates and/or flapgates may complicate the determination and
                                             require special evaluation and analysis. Indirect water level
                                             influence may be enough to establish associated wetlands in some
                                             instances.

                                 [Tip--Remember that fresh water can be tidally influenced.


                     Special
                       Tip







                                  Chapter 3 - Determining SMA Boundaries                                    M-38










                            Administrator's Manual - 1994 Edition














                         N biologica-k liAe---
                         Melasum setbo-cks @ram
                         pole+ tox%du*-rd                     A svrveyack A-evolian
                                                              gwd





                            The ordinary high water mark (OHWM) should not be confused with other measures of
                            elevation, water level or tides.



                            11. Addifionall Instrucfions


                                A. Rivers, Streams, and Creeks are defined as: A naturally occurring body
                                     of periodic or continuously flowing water contained within a channel
                                     (an open conduit either naturafly or artificially created). Excluded are
                                     artificially created irrigation, return flow, or stockwatering channels
                                     [WAC 173-22-030(8)].


                                     1.  Use the general guidelines and,


                                     2.  Braided streams - the OHWM is found on the banks forming the
                                         outer limits of the depression within which the braiding occurs
                                         [WAC 173-22-030]. The outer limit is usually interpreted to mean
                                         the outermost channel which has been active within the last ten
                                         years. Also note that there may be "islands" of land not subject to
                                         inundation within these outer limits and having their own OHWM.


                                     3.  River Deltas - those lands formed as an aggradational. feature by
                                         stratified clay, silt, sand and gravel deposited at the mouths of
                                         streams where they enter a quieter body of water. The upstream
                                         extent of a river delta is that limit where it no longer forms
                                         distributary channels [WAC 173-22-030(7)]. Excluded are lands
                                         which can reasonably be expected to be protected by governmental
                                         flood control devices [WAC 173-22-040(3)(d)].


                            Chapter 3 - Determining SMA Boundaries                                           M-39









                                  Administrator's Manual - 1994 Edition
     is                                  4. Where the OHWM cannot be found, use the line of mean high
                                             water (WAC 173-22-030). Sometimes gauging station data is
                                             useful.



                                  Tip: Use caution in evaluating undercutting or accretion areas that may be
                                  the result of abnormal events such as floods, landslides, etc.

                     Special
                       Tip

                                     B. Lakes - a body of standing water in a depression of land or expanded
                                         part of a river, including reservoirs (20 ac).


                                         I . Use the general guidelines and,


                                         2.  If the mark is unclear in a reservoir, use the maximum pool
                                             elevation then add as appropriate for the effects of waves or other
                                             modifiers.


                                         3.  In the unlikely event that the OHWM CANNOT be found, use the
                                             line of mean high water [WAC 173-22-030 (6)(b)]. Sometimes
                                             gauging station data is useful.


                                     C. Estuarine Area


                                         1.  Use the general guidelines and,


                                         2.  "The OHWM is coincident with the landward limit of salt tolerant
                                             vegetation where such is present." "Salt tolerant vegetation"
                                             means vegetation which is tolerant of interstitial soil salinities
                                             greater than or equal to 0.5 parts per thousand. See WAC 173-22-
                                             030(6)(a)(ii).


                                         3.  Tidal systems often have dendritic channels (sloughs) which clearly
                                             fluctuate and overflow with tidal action. Observing the site during
                                             high tide can help in delineating the OHWM.










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                    Administrator's Manual - 1994 Edition


                       D. Marine


                          1. Low energy marine: "The OHWM is coincident with the
                             landward limit of salt tolerant vegetation." "Salt tolerant
                             vegetation" means vegetation which is tolerant of interstitial soil
                             salinities greater than or equal to 0.5 parts per thousand. [See
                             WAC 173-22-030(6)(a)(ii)].


                          2. High energy marine:


                             a. "Where there is no vegetation cover for less than 100 feet
                                parallel to the shoreline, the OHWM is the average elevation of
                                the adjacent lines of vegetation" [WAC 173-22-030].


                             b. If no vegetation occurs on site, look for water marks on piers,
                                pilings, rock or cliff faces. On rocky substrates look for algae,
                                lichen and thalamus species (barnacles) which may be an
                                expression of annual cycles. The upper edge of the black lichen
                                usually coincides with the OHWM.


                             c. In the unlikely event that the mark cannot be found, the
                                elevation of mean higher high tide [WAC 173-22-030] may be
                                used. Do not use mean or average tide, mean high tide, or
                                mean sea level. Be certain that there is no mark to be found.


                             d. If no vegetation occurs at a site with drift logs, the OHWM
                                tends to be at the landward edge of the drift pile. Careful
                                evaluation of accretion features and processes (e.g. dunes) is
                                needed prior to making this determination.


                             e. Do not use "outliers," annual plant species, or isolated tufts to
                                determine the line of vegetation, since these die back in winter.
                                Look for the line of persistent vegetation.


                    Tip: Be sure to take pictures and make notes to substantiate your OHWM
                    determination. It also can be useful to revisit the site at different tide levels
                    and seasons.

          Special
            Tip







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                                  Administrator's Manual - 1994 Edition


                                  Associated Marshes, Bogs and Swamps
                                  Designation Criteria (or, How to Identify
                                  Biological Wetlands subject to the SMA)

                                  Tip: In administering the SMA, it is important to distinguish between
                                  jurisdictional and biological wetlands. Jurisdictional wetlands are the
                                  "associated wetlands" defined in RCW 90.58.030(2)(f), and include both
                     Special      the non-water areas subject to the requirements of the Act and related rules
                       Tip        and the marshes bogs and swamps, associated with SMA bodies of water. In
                                  other words, these jurisdictional "wetlands" are essentially all of the upland
                                  areas and marshes, bogs and swamps "associated" with SMA bodies of water.
                                  The "associated marshes, bogs and swamps" are actual biological wetlands
                                  and are a subcategory of the jurisdictional "associated wetlands". Knowing
                                  which "wetland", biological or jurisdictional, is intended becomes critical, for
                                  example, when a SMP provision "prohibits filling in a wetland area."

                                  The biological wetlands, identified as "marshes, bogs and swamps" per
                                  WAC 173-22-040 (5), are what most people think of when you say
                                  it wetland". In this biological context, "associated wetland" means "marshes,
                                  bogs and swamps" "associated" with SMA bodies of water. Much confusion
                                  in shoreline administration results from difficulty or uncertainty in identifying
                                  the marshes, bogs, and swamps "associated" with the streams, lakes and tidal
                                  waters of the state. These guidelines are intended to assist in the
                                  designation of marshes, bogs, and swamps that fall under the
                                  1jurisdiction of the SMA.



                                  Tip: For the purposes of this section, "wetland" shall mean "marsh, bog or
                                  swamp" per WAC 173-22-030 (5).

                     Special
                       Tip

                                  1. General Guidelines


                                      A. A marsh, bog or swamp is associated if it falls within 200 feet as
                                          measured on a horizontal plane from the OHWM or the floodway,
                                          whichever is more inclusive, of a water body under shoreline
                                          jurisdiction. See WAC 173-22-030(10).


                                      B.  The entire marsh, bog or swamp is associated if any part of it is
                                          within the area described in A., above.



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                 Administrator's Manual - 1994 Edition


                    C. The entire marsh, bog or swamp is associated if any part of it lies
                      within the 100-year floodplain of a shoreline.


                    D. The entire marsh, bog or swamp is associated when it is in proximity to
                      and either influences or is influenced by the water body. See WAC
                      173-22-040(3)(c).


                 Tip: When a road, dike, or other built barrier is between the marsh, bog or
         (QW2,   swamp and shoreline, the marsh, bog or swamp is still associated if it meets
                 the general designation guidefines and the tests of influence and proximity.
         Special Don't assume that SMA jurisdiction ends just because a marsh, bog or swamp
          Tip    is separated from the shoreline by a road or other structure.



                                 O@UUM)      I

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              you can @Oiy\                  00
                our




                                 TODA-Y'@: IESTS.


                                   INPLUENCE



















                 Chapter 3 - Determining SMA Boundaries           M43









                                              Administrator's Manual - 1994 Edition


                                              "In proximity" means that the marsh, bog or swamp is close enough to the
                                              shoreline to affect or be affected by that shoreline. Proximity is not limited to
                                              horizontal distance but can also include consideration of vertical distance.
                                              Proximate shorelines can include such situations as:


                                              ï¿½     a one hundred acre wetland in the floodplain that is two miles away from a
                                                    water body but that intercepts flood runoff and dampens the flood surge
                                                    that eventually enters that water body;


                                              ï¿½     or, a wetland in an overflow channel adjacent to a stream which acts as a
                                                    flood storage area.


                                              Factors to use in deciding if "influence" exists include:


                                                    I . Hydraulic continuity, which includes surface and ground water, can be
                                                        perennial or intermittent and can be a ditch, culvert, or pipe.
                                                        Intermittent streams flow at some time during a normal year.
                                                        Indicators of hydraulic continuity include direct surface or subsurface
                                                        water connection, continuous undrained hydric soil (particularly
                                                        organic soils), or continuous hydrophytic vegetation. These indicators
                                                        are evidenced by:


                                                        a. Periodic inundation occurring in a normal year.


                                                             i. Inundation (standing water) or fully saturated soils observed
                                                                  during a normal or drier year.


                                                             ii.  Hydrologic gauging data from period record which indicates
                                                                  periodic overbank flows.


                                                             iii. Drift lines, sediment or other materials deposited on vegetation
                                                                  by water.


                                                        b. Tidally influenced geohydraulic features such as:


                                                             i. Dunal systems.


                                                             ii. Spits and jetties.


                                                             iii. Beaches.





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                          Administrator's Manual - 1994 Edition


                                  c. Tidal inundation as indicated by:


                                     i. Presence of salt-tolerant vegetation.


                                     ii. Interstitial soil salinity of greater than 0.5 parts per thousands.


                                     iii. Tidally formed dendritic channels, particularly with tidal waters
                                         in them (fresh or salt).


                                     iv. Drift lines or piles.


                                  d. Connection by a tide gate or a culvert (determine whether the tide
                                     gate is functioning).


                              2.  Groundwater recharge and discharge.


                                  a. Spring systems discharging into shoreline.


                                  b. Continuous organic soils with shoreline.
                                  c. Augmentation of low flows in shoreline.                                            10

                                  d. Wetlands recharging into sole source aquifer.


                              3.  Stormwater and floodwater detention, such as:


                                  a. Wetland located close to mouth of system.


                                  b. Wetland is significant percentage of detention capacity of
                                     watershed.


                              4.  Water quality improvement, flltration and assimilation of sediment,
                                  nutrients, and pollutants.


                                  a. Wetland discharges directly into shoreline.


                                  b. Ambient water quality of the shoreline susceptible to degradation,
                                     and wetland buffers potential adverse impacts.
                                                                                                                        10



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                                    Administrator's Manual - 1994 Edition


                                            c. Specific pollutant source in waters  hed (point or non-point source)
                                                 which the wetland is effectively buffering.


                                            d. Is there an unstable sediment source which the wetland is
                                                 effectively buffering?


                                        5. Erosion control and buffering, such as stability of banks (presence of
                                            headcutting or bank erosion), sediment accretion, evidence including:

                                            a. System in hydrologic equilibrium (watershed currently functioning
                                                 at capacity, without bank cutting or deposition occurring from
                                                 altered watershed characteristics).


                                            b.   Urbanization in watershed, altering flow patterns.


                                            c.   Agricultural or forestry development in watershed (particularly with
                                                 related road systems) altering flow patterns.


                                        6.  Food chain support, important to a particular species or habitat within
                                            the affected shoreline area, which may include:


                                            a. Plant species diversity.


                                            b.   Invertebrate diversity.


                                            c.   Faunal diversity.


                                            d.   Fish spawning, overwintering, and rearing habitat (anadromous,
                                                 wild strain).


                                            e.   Structural diversity-terrestrial: presence of stratified horizontal and
                                                 vertical canopy layers, including snags and downed wood.


                                            f,   Structural diversity-aquatic: large organic debris, pool: riffle: run
                                                 ratio, bank overhang.


                                        7. Wildlife habitat important to a particular species or group that use the
                                            affected shoreline area.







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                          Administrator's Manual - 1994 Edition


                                  a. Habitat available for individual species.


                                  b. Breeding/spawning habitat.


                                  c. Overwintering habitat.


                              8.  Wildlife corridors.


                                  a. Connectivity and conductivity of shoreline watershed.


                                  b. Fractionalization of habitat in watershed.


                                  c. Availability of habitat and water in adjacent landscape.


                                  d. Disturbance (noise, presence of people, development in watershed).


                          H. Special Situations

                              A. When a wetland is adjacent to or potentially impacted by both a
                                  shoreline and a non-shoreline, the rules for determining association with
                                  the shorelines apply (see I. General Guidelines, above). If the hydraulic
                                  gradient of the wetland is clearly away from the shoreline, then other
                                  indications of.association must be strongly present.

                              B.  When a non-SMA water body enters the floodplain of an SMA
                                  shoreline, the associated wetland extends above the floodplain to the
                                  outer limit of continuous hydric soils, hydrophytic vegetation, and/or
                                  surface or subsurface hydrology.


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                                  Administrator's Manual - 1994 Edition







                                  CHAPTER 4


                                  Permits and Decisions



                                  Pre-application Meeting

                                  If a development requires a shoreline permit, the applicant must gather and
                                  prepare detailed information for a permit application. In most if not all
                                  circumstances, a meeting between the applicant and appropriate staff to discuss
                                  the project prior to preparation of the application is a good idea. Where a
                                  project requires approval by other agencies or departments and or is unusual or
                                  complex, representatives of these agencies or departments should probably be
                                  invited to attend the meeting or a subsequent pre-application meeting.



                                                        



                                                                "That's a great idea!"






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                           Administrator's Manual - 1994 Edition


                           At this meeting, staff should explain the process that the application will
                           undergo, identify the applicable policies and regulations, identify the type and
                           extent of information that is necessary to properly and expeditiously process
                           the application. There may also be a discussion of modifications or mitigating
                           measures that will improve the chance that the application will move smoothly
                           through the process. All parties are usually well served in these informal
                           exchanges of information and many future conflicts can be avoided prior to the
                           submittal of an formal application with its attendant expectations, fees and time
                           crunch.


                           Permit Application; Submittal Requirements

                           The shoreline permit application must define the proposal and the site with
                           as much detail as possible. WAC 173-14-110 describes the minimum
                           information required in a shoreline permit, and provides a sample form to be
                           used by local governments.


                           Tip: The person reviewing the proposal at Ecology (and at other resource
                           agencies) may not have the benefit of familiarity with a site or of conversing
                           with the applicant and, therefore, will be relying solely on the information
             Special       contained in the permit. Try putting yourself in their position and ask
               Ti p        yourself "What information would I need to clearly understand the project?"


                           The application must include all of the following [data within brackets is
                           strongly recommended]:


                           1. Applicant's name, mailing address, [phone number], and relationship
                               to property (e.g. owner, lessee, agent, etc.)


                           2.  Owner's name, [phone number] and address, if different than applicant.


                           3.  A vicinity map and text (include scale/north arrow) i.e. show location
                               relative to surrounding natural features (e.g. bay, spit, etc.) and
                               development (e.g. roads, bridges, businesses, etc.).


                           4.  Text describing the location, [Travel directions and legal descriptions]


                               a. Location by 1/4 Section, Section, Township, Range.


                               b. Name of water area and/or wetlands proposal is in or near.



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                                    5. SSWS - label which areas of waterbodies, wetlands, and/or uplands are
                                        Shorelines of State-wide Significance.


                                    6.  Shoreline environment designation e.g. urban, rural, etc.


                                    7.  Surrounding uses - Describe briefly the existing land use i.e. residential,
                                        commercial, agricultural, etc. and improvements adjacent to the site within
                                        a reasonable (approximately 1000 foot) radius.


                                    8.  Proposed and current use(s), i.e. How is the property used now and
                                        specifically howwill it be used as a result of this proposal? Is the proposed
                                        use in addition to the current use or is it intended to replace the current
                                        use?


                                    9.  A detailed site plan including:


                                        a. Scale.


                                        b. North arrow showing general compass orientation.


                                        c.  Site boundary and property dimension in vicinity.


                                        d.  Location of OHWM [and setback line].


                                        e.  Clearing - show areas and specify types of vegetation to be removed or
                                            altered.


                                        f   Fill, grading and excavation - illustrate contour changes by area and
                                            dimensions, existing and proposed cross-sections, identify off-site fill
                                            source or excavation destination, and indicate composition and
                                            quantities.


                                        g.  Proposed and existing structures - show locations, profiles and
                                            dimensions including height.


                                        h.  Utilities i.e. locations and dimensions of existing and proposed water,
                                            sewer, septic systems (indicate health department approval) roads,
                                            power, phone, etc.






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                         The responsible local official must complete the following three items on the
                         application:


                         1. Nature of the existing shoreline - Is it low or high bank, erosion or
                             accretion beach, floodway or floodplain, wetlands, rocky, etc.


                         2.  If any of the proposed structures will be higher than 3 5 feet above average
                             grade level, indicate the location and number of existing and potential
                             residential units whose views will be obstructed.


                         3.  For conditional uses and variances, reference explicitly the section of the
                             master program allowing the CUP or, for variances, the sections from
                             which the variance is sought.












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                                                                                 rigk+ up t@%ere-





                         The application must specify whether a substantial development permit, a
                         conditional use permit, and/or a variance permit is required.


                         SEPA


                         The jurisdiction must document compliance with the State
                         Environmental Policy Act (SEPA). Some projects wiH require an
                         environmental impact statement (EIS); others a determination of
                         nonsignificance (DNS) and environmental checklist, or a determination of
                         categorical exemption. Compliance'Mth SEPA, including all review or
                         waiting periods, is required before a decision on an application can be made.


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                                 Administrator's Manual - 1994 Edition


                                 The shoreline permit application and SEPA analysis should identify future uses
                                 intended for the site to avoid the possibility of piecemeal or inappropriate
                                 phasing of development.


                                 Tip: For permit applications, the more detail that is included from the outset,
                                 the better for all concerned. The primary reason for permits being returned
                                 to local government from Ecology is inadequate information and/or
                    Special      ambiguous drawings which do not meet the minimum legal standards.
                      Tip        Detailed site plans and graphics are especially useful. Be thorough!



                                 Tip: A sample shoreline permit submittal checklist appears in Appendix I of
                    (C;QF='      this manual. Use this checklist as a guide to assuring that submittals for a
                    Special      shoreline permit are complete.
                      Tip
                                 Development or Substantial Development?

                                 All developments and uses within the shorelines of the state must be consistent
                                 with the policies of Shoreline Management Act and the requirements of the
                                 local shoreline master program. Only those actions defined by the Act as
                                  substantial developments" require a substantial development permit (SDP).


                                          Avivoc,w f@Evj MAG-GO-TS
                                          AF,& wC- CORSiSTENT





                                                                                      KES.










                                                   SrV%








                                                      "Are we all in line with the proAsions?"





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                 Administrator's Manual - 1994 Edition



        (C;Q7    Tip: Conditional use and/or variance pern-dts may still be required of
                 development that is not substantial development.
        Special
          Tip

                 The two "development" terms are defined in RCW 90.58.030 as follows:


                 "Development" means a use consisting of


                 ï¿½  The construction or exterior alteration of structures


                 ï¿½  Dredging


                 ï¿½  Drilling


                 ï¿½  Dumping


                 ï¿½  Filling


                 ï¿½  Removal of any sand, gravel, or m@inerals


                 ï¿½  Bulkheading


                 ï¿½  Driving of piling


                 ï¿½  Placing of obstructions


                 OR:

                    Any project of a permanent or temporary nature which interferes with
                    the normal public use of the surface of the waters overlying lands
                    subject to this chapter at any state of water level.


                 "Substantial development" means any development of which the total cost or
                 fair market value exceeds two thousand five hundred dollars ($2,500).


                 OR:

                    Any development which materially interferes with the normal public use
                    of the water or shorelines of the state.




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                                  Administrator's Manual - 1994 Edition



                                  Tip: Demolition or removal of structures may constitute a development.
                                  When the act of demolition alters the exterior of a structure, involves filling,
                                  dredging, drilling, excavation, placing of obstructions, etc. (greater than
                     Special      $2500 in value) or materially interferes with public use of the shorelines. In
                       Tip        special cases where a structure is moved or dismantled, e.g. unbolted without
                                  causing any of the actions listed as "development", a substantial development
                                  permit may not be required.


                                  Tip: Local governments should monitor activity on the shoreline and must
                                  make decisions about the consistency of development actions with the SMA
                                  and the local SMP whether a permit is required or not. Citizen groups such
                     Special      as fishing clubs, bird watching organizations, beach and stream organizations,
                       Tip        neighborhood groups, etc. are excellent shoreline "watch dog" entities to
                                  work with to efficiently provide "in the field" monitoring.









                                                               




























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                           Administrator's Manual - 1994 Edition


                           Exemptions

                           Under the Shoreline Management Act, certain types of "development" are
                           categorically excluded from being considered substantial developments and
                           therefore these activities are referred to as being exempt from the substantial
                           development permit requirements. An exemption from the substantial
                           development provisions of the SMA means that an activity must still be carried
                           out in compliance with the Act and the local master program; it is exempt only
                           from the substantial development permit review requirements. Variance and
                           conditional use permit requirements still apply. The regulations require
                           that exemptions are to be narrowly construed which means local
                           administrators should take a conservative approach i.e. read the RCW and
                           WACs carefully and if the all of the activity necessary to carry out the
                           development is not specifically and directly listed in the exemptions, require a
                           permit [WAC 173-14-040(2)].


                           The following activities are listed as exempt from the requirement for
                           obtaining substantial development permits [ RCW 90.58.030(3)(3)(i-xi)
                           and WAC 173 -14-040]:


                           ï¿½ Normal maintenance or repair of existing structures or developments
                               including damage by accident, fire or elements.


                           ï¿½   Nonnal protective bulkheads common to single-family residences.


                           ï¿½   Emergency construction necessary to protect property from damage by the
                               elements.


                           ï¿½   Construction and practices normal or necessary to farming, irrigation, and
                               ranching activities including agricultural service roads and utilities on
                               wetlands, and construction and maintenance of irfigation structures... but
                               not including feedlots, processing plants, other commercial type activities
                               nor any significant grading or filling activities.


                           ï¿½   Construction or modification of navigational aids such as channel markers
                               or anchor buoys.


                           ï¿½   Construction by an owner, lessee, or contract purchaser of a single-family
                               residence for his or her own use or the use of his or her family, provided
                               the residence is located landward of the OHWM, does not exceed a height
                               of 35 feet above average grade, and provided further that it meet all
                               requirements of the state agency or local government having jurisdiction
                               over the area.


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                                    Administrator's Manual - 1994 Edition


                                        Construction of a pleasure craft dock, including community docks, for
                                        private noncommercial use by the owner, lessee, or contract purchaser of a
                                        single-family or multiple family residences, the cost of which does not
                                        exceed $2,500.


                                    ï¿½   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
                                        ground water for the irrigation of lands.


                                    ï¿½   Marking of property lines and comers on state owned lands, when such
                                        marking does not materially interfere with normal public use of the water.


                                    ï¿½   Operation and maintenance of ditches, dikes, drains, and other facilities
                                        existing on September 8, 1975, which were created, developed or utilized
                                        primarily as part of an agricultural, drainage or diking system.

                                    Guidance on Interpreting Exemptions


                                    The interpretation of the exemption provisions probably creates more
                                    questions than any other single section of the SMA. Many of them have been
                                    the subject of discussion in the Courts or of formal interpretations by the
                                    Department of Ecology and Attorney General. It is important to note that the
                                    burden of proof that a development should be exempted is on the applicant.
                                    They should be required to provide documentation of information about the
                                    pre-existing conditions, ownership or whatever is necessary to demonstrate the
                                    exemption is legitimate. The following section provides guidance on how to
                                    apply the exemption provisions.


                                    Normal Maintenance or Repair

                                    Q. What constitutes "normal maintenance and repair"?


                                    A.  "Normal maintenance" includes those usual acts to prevent a decline, lapse,
                                        or cessation from a lawfully established condition.


                                        Normal repair means to restore a development to a state comparable to its
                                        original condition within a reasonable period after decay or partial
                                        destruction except where repair involves a total replacement which is not
                                        common practice or causes substantial adverse effects to the shoreline
                                        resource or environment.


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                           Administrator's Manual - 1994 Edition


                               Use your professional judgment, but beware of projects called
                               11maintenance" that actually constitute an expansion in use. Examples
                               include:


                               ï¿½   Local road projects (is it repair or expansion with extra lanes, etc.?
                                   11capital improvements" usually need permits!).


                               ï¿½   Flood control projects should not be considered normal repair and
                                   maintenance if they raise the top or enlarge the footprint of a dike
                                   beyond where it was originally constructed. Installation or repair of
                                   tide gates, flap gates, and any flood control structures should be
                                   carefully scrutinized to assure that they simply restore a pre-existing
                                   lawful condition.


                               ï¿½   Maintenance of agricultural drainage ditches may be exempt but
                                   dumping the material dug out of the ditches in a shoreline area is filling
                                   and probably requires a permit.


                               ï¿½   Dredging to restore pre-existing contours within a designated and
                                   authorized navigation channel or basin but if it expands the channel or
                                   basin, a permit is required even if the marina or sim=i1ar project has been
                                   operating for years. It is also important to consider how the dredged
                                   material is to be disposed of Picking up the mud may be maintenance
                                   but putting it down may be filling requiring a permit. Also dredging is
                                   ordy maintenance where there is a designated and authorized facility
                                   such as a federal navigation channel or a berth authorized by pern-dt.
                                   The fact that a formerly navigable area has changed such that it is not
                                   now navigable is not sufficient.


                               ï¿½ Replacing piling and decking on docks is normal maintenance and
                                   repair but adding deck area, floats, sheds or other expansion is not.


                           Emergency Construction

                           An "emergency" is an unanticipated and imminent threat- to public health,
                           safety, or the environment which requires immediate actions within a time too
                           short to allow ful.l compliance. This exemption only applies if the construction
                           is necessary to protect property from damage by the elements.

                           Q. The local engineering department wants to undertake a flood control
                               project that they've planned and budgeted since last year. They say it's an
                               emergency if they don't get it done right away. It is exempt as an
                               emergency?


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                                    Administrator's Manual - 1994 Edition


                                    A.  No. If a project proponent has not obtained a permit due to lack of proper
                                        planning, it does not constitute an emergency. A shoreline permit is
                                        required in this case. A better example of an emergency is a ruptured oil or
                                        sewage line that needs to be repaired or removed immediately or the
                                        placement of fill in a washed out area of a dike during a flood event. Use
                                        your best professional judgment and the definition of "emergency" that
                                        appears in WAC 173-14-040(d).


                                    Agricultural

                                    Q. Aren't all agricultural uses exempt?


                                    A. No. Only those agricultural activities that are specifically listed are exempt.
                                        For example, alterations of the land other than normal cultivation activities
                                        are not exempt from permit requirements. Diking and filling require
                                        permits.


                                    Single Family Residences

                                    "Single-fan-dly 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. All construction to
                                    be located landward of the OHWM.


                                    Q. I've seen a lot of exemptions for single family residences. Would house
                                        constructed on'.' speculation" (a "spec" house) be exempt under the same
                                        rule?


                                    A.  No. The construction must be by an owner, lessee, or contract purchaser
                                        for their own use. This issue has created several court cases and the courts
                                        have taken a strict view of the meaning of this provision. See the Ecology
                                        v. Pacesetter case [89 Wn.2d 203 (1977)].


                                    Q.  An applicant wants to construct a gazebo on a dock extending over the
                                        river. He says it is exempt from shoreline permit requirements because it's
                                        an appurtenance for a single family residence. Is it?


                                    A.  No. Overwater structures are not exempted from substantial development
                                        permit requirements by this exemption. See WAC 173-14-040(g):
                                        "Construction authorized under this exemption shall be landward of the
     is                                 ordinary high water mark" and appurtenances shall be located landward of
                                        marshes, bogs, and swamps.


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                            Q. An applicant needs to fill the lot prior to building his or her residence is this
                                exempt under the SFR exemption.


                            A. The exemption allows up to 250 cubic yards of grading activity. Grading is
                                the moving of earth that exists on the site and does not include importing
                                of fill.


                            Normal Protective Bulkheads Common to Single@-Family
                            Residences


                            A "normal protective bulkhead" is constructed at or near the ordinary high
                            water mark to protect a single-family residence and is for protecting land from
                            erosion, not for the purpose of creating land. Where an existing bulkhead is
                            being replaced, it shall be constructed no further waterward of the existing
                            bulkhead than is necessary for construction of new footings.


                            Q.  Are all bulkheads exempt?


                            A.  A bulkhead is exempt only if it is a normal protective bulkhead for an
                                existing single family residence. All other bulkheads that meet the
                                definition of "substantial development" require a permit. In addition, SFR
                                bulkheads that support creating dry upland (landfill) or are not located at
                                or near the OHWK or are in areas that are not subject to erosion require a
                                permit. Finally, bulkheads proposed for undeveloped property where no
                                SFR is being protected are not covered under this exemption and require a
                                permit.


                            Construction of a Pleasure Craft Dock


                            Q. Can an applicant build a deck over water under this exemption?


                            A. No. This exemption refers to docks, that is a place to tie up a boat, not an
                                over water recreation space such as a deck. Decks are a residential
                                appurtenance and must be located landward of the OHWM or the
                                perimeter of a marsh, bog or swamp in order to be exempt.


                            Construction or Modification of Navigational Aids

                            Q. Would installation of moorage buoys or dolphins require a permit?





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                                    A. Yes. Moorage structures are not considered "navigational aids" and would
                                       require a substantial development permit. This exemption covers those
                                       lights, markers, buoys etc. usually placed in accordance with Coast Guard
                                       standards if not actually placed by the Coast Guard that provide directions
                                       and other information necessary for safe navigation.


                                    Marking of Property Lines or Corners on State Owned Lands

                                    This is a very limited exemption applicable only on state owned lands and then
                                    only when it does not materially interfere with normal public use of the water.


                                    Q. Are subdivisions and short plats exempt under the exemption for marking
                                       of property lines?


                                    A. No. First they are not usually on state owned lands. Further, narrow
                                       construction of this provision would mean that even on state owned land,
                                       it could apply only to the marking of existing property lines not to the
                                       establishment of new property lines which is what subdivisions and short
                                       plats do.


                                    Energy Facilities Site Evaluation Council (EFSEC)

                                    Construction under a certificate obtained in conformity with the State Energy
                                    Facility Siting Law, Chapter 80.50 RCW is exempt. This applies to major
                                    energy related facilities such as nuclear power plants and major pipelines. The
                                    Energy Facility Siting Evaluation Council is required to consider other local
                                    and state regulations such as the SMA and SMP but no substantial
                                    development permit is required.


                                    Tip: Since exemptions to the permit process are to be narrowly construed,
                      (C;Qp=,       you would be wise in practice to require permit review for actions whose
                                    exemption status is unclear. Some jurisdictions require a shoreline
                      Special       application for all shoreline development. Once the application is received,
                        Tip         the project is reviewed to determine if it may be exempt and under what
                                    specific conditions. If it is exempted a written decision is issued with
                                    appropriate conditions necessary to assure that the activity is limited to
                                    that which is properly exempt and to otherwise assure consistency with
                                    1 the SMP.







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                            TIPS: What's Exempt? - More questions and
                            answers


                            Q.  Why are exemptions to be narrowly construed?


                            A.  The most basic answer is that it is required byWAC 173-14-040(2). The
                                real answer is because of the liberal construction provision [RCW
                                90.58.900]. Say What! Listen carefully. Liberal construction means that in
                                interpreting the provisions of the act, one must look to assuring that the
                                interpretation put forward is consistent with the policy of the act to the
                                maximum possible extent. Among the basic policies of the act is the
                                requirement to assure that the public has a say in the approval of shorefine
                                development. Whenever a development is exempted from the permit
                                process, public review is reduced or eliminated. When that is done for any
                                development that is not specifically and directly fisted as exempt, the policy
                                of the act has been frustrated and the interpretation of the exemption
                                provisions that allowed the exemption is, thereby, contrary to the liberal
                                construction provision.


                            Q.  If a development is listed as exempt, why is it required to be consistent
                                with the master program and the SMA?


                            A.  The provisions of RCW 90.58.140 require that all "development" be found
                                to be consistent with the master program and the SMA before it is
                                undertaken but then goes on to require that "substantial development" first
                                obtain a permit. Thereby anything that is proposed on the shoreline that is
                                within the definition of "development" must be consistent with the master
                                program and the act. The exemption is only from the requirement to obtain
                                a substantial development permit prior to undertaking the development.


                            Q.  What types of "fill" are exempt from substantial development permit
                                requirements? I've heard appficants argue that "preloading" or surcharge
                                fill is exempt because the fill is subsequently removed. When would such
                                activities really constitute filling and thus require a substantial development
                                permit?


                            A. Dumping and filling falls within the definition of development, regardless of
                                the time it remains on site. Thus, if it meets the definition of "substantial
                                development," then a permit is required for the preloading or surcharge fill.


                            Q. Are subdivisions and short plats exempt?



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                                   A.  Probably not. Although the act of establishing property lines does not
                                       usually include activities that are development, the establishing and staking
                                       of property lines is in reality a minor, though critical, part of the process of
                                       land development. Other aspects of the development such as roads,
                                       utilities, and grading are almost certainly substantial development.
                                       Furthermore, lot sizes, densities and other characteristics must meet the
                                       SMVSMP policies and standards. If, for example, the SMP says
                                       subdivisions in the conservancy envirorunent are a conditional use, a plat
                                       applicant would need to obtain a conditional use permit prior to plat
                                       approval. If a plat is approved without consideration of SMP requirements
                                       such as lot width, setback or resource protection requirements, the plat
                                       may be invalidated or contain unbuildable lots which is contrary to state
                                       subdivision law. One key to assuring the highest level of consistency is to
                                       avoid any piecemealling of development. While the act of subdividing may
                                       not be development, it is clearly part of the development process, and it
                                       drives all subsequent actions such as the location of roads, houses and
                                       other improvements.


                                   Q.  My shoreline master program says certain developments are "permitted
                                       outright". Does that mean that no permit is required and the project is
                                       exempt?


                                   A.  No.  All substantial developments, regardless of how categorized in the
                                       master program, require a permit. When the term "permitted outright" is
                                       used it means it is an allowable use or activity, subject to master program
                                       policies and regulations.


                                   Q.  What about temporary structures or activities?


                                   A.  Temporary structures are not specifically exempted from the permit
                                       requirements of the SMA. The length of time that a development wiH be in
                                       place is not a consideration in determining if it is substantial development.
                                       Also, look at the "material interference" test of RCW 90.58.030(3)(e) i.e.
                                       Does the use or activity materially interfere with the normal public use of
                                       the water or shoreline? If it does, a permit is required for temporary
                                       projects or projects under $2500 in value. For example a six week aquatic
                                       weed control project that involved a roped off area and interfered with
                                       water-skiing in a particular shoreline area required a substantial
                                       development permit.








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                            Tip: Beware of incremental exemptions for activities that in sum would
              G;QrM,        require a permit. Activities such as clearing, grading, and preloading that
                            typically precede development should be included in the SEPA review and
              Special       shoreline permit review for a development proposal, even if the individual
                Tip         activities are under $2500 or, if conducted as a total project, would be
                            otherwise exempt. The future intended use and associated design of a site
                            should be authorized by shoreline permit prior to any grading, filling,
                            dredging, or other shoreline modification and prior to any subdivision of a
                            site.


                            Some local master programs require that a letter of exemption be issued by
                            the local jurisdiction for all developments that meet the criteria for substantial
                            development exemption under WAC 173-14-040. By state rule, a letter of
                            exemption must be issued for a development that is exempt from a substantial
                            development permit but subject to a U.S. Army Corps of Engineers Section 10
                            or 404 permit. Such notice, addressed to the applicant and Ecology, states that
                            a development has been exempted from the substantial development permit
                            requirements of the Act, See WAC 173-14-115.


                            Tip: At your option, the letter of exemption may include conditions on the
              (C;W-r        development. It is important for the applicant and the local administrator to
                            remember that even though an action may be exempt from substantial
              Special       development permit requirements, the action must still be consistent with the
                Tip         SMA and the local SN4P.


                            Pre-existing Uses

                            Shoreline developments that predate the SMA or the applicable SNIP ("pre-
                            existing uses") are regulated by the SNT in several ways. If the use of a
                            development is consistent with the SNT, permits are only required if new
                            substantial development is proposed. Please note that when the use consists of
                            ongoing development activities, such as a gravel mine, the project requires an
                            "active" (unexpired) shoreline substantial development permit throughout the
                            life of the project. If the use of a pre-existing development is proposed to be
                            changed the new use must be consistent with the SMT. If the proposed use is
                            a conditional use in the master program then a conditional use permit is
                            required whether or not new development is required to establish the use.


                            Nonconforming developments are those uses or structures legally
                            constructed or established prior to the effective date of the applicable SUT
                            provisions that do not conform to present shoreline management rules or                        0
                            policies.


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                         The following provisions are established in state regulations and apply where
                         local government does not have such provisions in its master program. Local
                         government is authorized to adopt different master program provisions
                         pertaining to nonconforming development. See WAC 173-14-055.

                         Nonconforming development is referred to commonly as being
                         "grandfathered" in. This means that it may continue as long as it is not
                         enlarged, intensified, increased, or altered in any way which increases its
                         nonconformity. Nonconforming uses are considered abandoned if they are
                         discontinued for more than twelve consecutive months or for twelve months
                         during any two year period. The "grandfathered" fights expire regardless of
                         the owner's intent to abandon or not.


                         Any subsequent use must conform to the requirements of the SMA and SNT.
                         Similarly, a nonconforming use may not be changed to another nonconforming
                         use or moved any distance within the shorelines of the state.


                         If a nonconforming use is damaged to an extent not exceeding 75%
                         replacement cost of the original structure, it may be reconstructed to those
                         configurations existing immediately prior to the time the structure was
                         damaged, so long as restoration is completed within one year of the date of
                         damage.


                         A pre-existing lot or parcel that is substandard with respect to lot size or
                         density requirements may be developed providing it meets the other
                         requirements of the SMA and SMP. A reasonable use of the property should
                         be allowed based on the characteristics of the site. Easing of standards other
                         than lot size or density, for example building setbacks, would require a
                         variance permit.


                         Example: Typical situations of nonconforming developments are an old boat
                         repair yard or industrial warehouse located in a conservancy environment; or a
                         residence encroaching within established SUT setbacks.


                         Tip: It is sometimes important to distinguish between a nonconforming
               (c;Qp.    structure with a conforming use and a nonconforming use. If a house is
                         located in an environment that allows residential use but is closer to the water
               Special   than the environment designation allows, it may be expanded as long as the
                 Tip     expansion does not further intrude on the setback. (A further intrusion may
                         be authorized by a variance if the criteria can be met.) Expansion of a
                         structure that houses a nonconforming use cannot be authorized by these
                         provisions or by variance.




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                          Determining exactly when a development, such as a bulkhead, was initially
                          built, can be a difficult task. While technically it is the applicant which must
                          prove compliance with the regulation, the practical situation is that usually the
                          local government must look into this to be sure of the situation. Evidence such
                          as assessor's records, recorded deeds or other documents, aerial photos,
                          historical photos, snapshots, other permit records (e.g. building, HPA, short or
                          long plat, etc.) or testimony from contractors, neighbors, officials, etc.) can be
                          crucial in proving the date of construction or initial use.


                          Conditional Use Permits


                          Local governments are required under the SMA to include provisions for
                          authorizing uses and developments by conditional use permits (CUP). The
                          purpose of a conditional use permit is to allow greater flexibility in varying
                          the application of the use regulations of the master program. A conditional
                          use permit should also be granted in a circumstance where denial of the pern-tit
                          would result in a thwarting of the SMA policy in RCW 90.58.020. For
                          instance, an elevated walkway across a portion of marsh providing pubfic
                          access to a public shoreline without interfering with the wildlife, might be
                          authorized by CUP even though the SNT provisions discourage any type of
                          over-water construction. However, a conditional use permit may not be
                          used to authorize a use that is specifically prohibited by the local SMP.


                          Cumulative Impact of Similar Actions: For all CUP applications,
                          consideration must be given under the CUP review process to the cumulative
                          impact over time of granting additional permits for like actions in the area. In
                          other words, if comparable development proposals are likely and were
                          permitted by CUP in the area where similar circumstances exist, the total of
                          the developments must also be consistent with the SMA and must not
                          produce substantial adverse effects to the shoreline environment.


                          For example, a CUP for a bulkhead and landfill for one site may not have
                          substantial adverse effects by itself However, a series of bulkheads and
                          landfilling strung around a bay could be devastating to the shore environment.
                          The initial CUP request could be denied based on future cumulative impact.
                          One of the greatest strengths of the CUP process is the ability to deal with
                          cumulative impact, encouraging foresight and planning.


                          Conditional uses that are classified or set forth in the local master program
                          may be authorized provided that the applicant can demonstrate all of the
                          following (See WAC 173-14-140):




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                                   ï¿½ the proposed use is consistent with the SMA and the policies of the local
                                       master program;


                                   ï¿½   the proposed use will not interfere with the normal public use of public
                                       shorelines;


                                   ï¿½   the proposed use of the site and design of the project will be compatible
                                       with other permitted uses within the area;


                                   ï¿½   the proposed use will cause no unreasonably adverse effects to the
                                       shoreline environment designation in which it is to be located;


                                   ï¿½   the public interest suffers no substantial detrimental effect.

                                   Local government may include additional general or use specific criteria as
                                   provisions in its master program but must include consideration of the above
                                   criteria for all listed conditional uses.


                                   Examples: Typical conditional uses might include overwater commercial
                                   development in an urban environment, bed-and-breakfast inns or restaurants
                                   within a rural environment or gravel mining in a conservancy environment.


                                   In some cases, uses may be proposed which are not classified or set forth as
                                   conditional uses in the applicable master program. These unclassified
                                   conditional uses may be authorized provided that the applicant can
                                   demonstrate, in addition to the normal criteria for conditional uses set forth in
                                   WAC 173-14-140(l), that "extraordinary circumstances preclude
                                   reasonable use of the property in a manner consistent with the use
                                   regulations of the master program." See WAC 173-14-140(2).


                                   Tip: If a proposal involves a use that is specifically listed- as prohibited by the
                                   local SNP, don't attempt to call it something else so that it fits into the SNT
                     GVM'          provisions. For example, if your master program prohibits over water
                     Special       residential uses and appurtenances except docks, do not call an overwater
                         ip        deck, a dock.


                                   Tip: Remember that conditional use permits must be submitted to Ecology
                                   for its approval. Ecology must conduct an independent review of the permit
                                   for consistency with the SMA and may approve, approve with conditions or
                       T
                    (@@            deny the proposal. Notification to the applicants of this step in the process is
                     Special
                        Tip        very important.



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                           Tip: Some proposals may require a substantial development permit and a
              Givo,        conditional use. Other proposals that are not a "substantial development"
                           might require a conditional use permit. Make sure it is clear on the permit
              Special      and in the public notices what combination of permits is being
                Tip        considered. Failure to specify the permit type(s) is a common reason for
                           permits being returned to local government for proper notice and processing.
                           Permit processes are similar and can be handled together as long as clear and
                           separate decisions are made on each issue.


                           Variance Permits


                           The SMA also authorizes deviation from specific bulk, dimensional, or
                           performance standards (and strictly lin-dts it to these items) in the master
                           program through the granting of shoreline variance permits. Variance
                           permits are only granted where there are "extraordinary or unique
                           circumstances relating to the property such that the strict implementation of
                           the master program will impose unnecessary hardships on the applicant or
                           thwart the policies of' the SMA; Provided that, "in all instances extraordinary
                           circumstances shall be shown and the public interest shall suffer no
                           substantial detrimental effect".


                           Cumulative Impact of Similar Actions: For all variance applications,
                           consideration shall be given under the variance permit review process to the
                           cumulative impact over time of granting additional permits for like actions in
                           the area. In other words, if comparable developments were granted variances
                           in the area where similar circumstances exist, the total of the developments
                           must also be consistent with the SMA and must not produce substantial
                           adverse effects to the shoreline environment.


                           For example, a variance for the size and length of a dock on a narrow slough
                           for one site may not have a substantial adverse effect by itself but a series of
                           such docks could make navigation on the slough very difficult. The initial
                           variance request then could be denied based on future cumulative impact.
                           See WAC 173-14-150(4).


                           "THE TEN PULARS OF VARIANCE"


                           Tip: The burden of proof is on the applicant. A variance is not an assumed
                           right. It is a special exception from the regulations for which a justifiable
                           need and extraordinary circumstances must be demonstrated. It is intended
              Special      to assure fair treatment of someone %krith special property circumstances (not
                Tip        personal circumstances) and not to grant special privilege.


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                                 Tip: If a significant number of variances are granted from the same
                                 provisions of the master program in similar circumstances it is probably time
                                 to consider amendment of the master program.
                    Special
                      Tip

                                 Upland Development (not in marshes, bogs, swamps or waterward of the
                                 OHWM) - may be granted variances if the applicant demonstrates all of the
                                 following:


                                 I . Strict application of the standards precludes or significantly interferes
                                     with a reasonable allowable use of the property.


                                 2.  That an unnecessary hardship would result from "strict application of the
                                     standards" is a result of unique conditions specifically related to the
                                     physical characteristics of the property (size, shape, topography) and not a
                                     result of such things as deed restrictions or the applicants own action.


                                 3.  The project design is compatible with neighboring uses.


                                 4.  The project will not cause adverse effects to the shoreline environment.


                                 5.  The variance doesn't constitute a special privilege not enjoyed by other
                                     properties in the vicinity.


                                 6.  The action is the minimum necessary to afford relief from the identified
                                     hardship.


                                 7.  No substantial detrimental effect occurs to the public interest.


                                 8.  The request is not to vary a use of the shoreline, only from a specific
                                     standard.


                                 Waterward Development (development in marshes, bogs, swamps or
                                 waterward of the OHWM) - may be granted variances if in addition to
                                 meeting criteria 2-8 above, the following are met:


                                 9. Strict application of the standards precludes a reasonable allowable use
                                     of the property.




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                             10. The public rights of navigation and use of the shoreline will not be
                                adversely affected.


                             Tip: Items I and 9 say "allowable" use which a is a translation of the phrase
                             "not otherwise prohibited" that is used in the WAC, so uses that are
                             prohibited directly or by the operation of other provisions of the master
               Special       program cannot be granted a variance. Also, note that the criteria in item 9 is
                 Tip         stricter for over-water uses and item 10 includes special consideration of
                             the effect the variance will have on the public use of the water and
                             shoreline.


                             Tip: The shoreline jurisdiction area is not a setback requirement from which
                             a variance can be issued. If a use is prohibited within a shorefine environment
                             designation but allowed by the applicable zoning regulations, a variance
               Special       cannot be used to reduce the 200 foot setback necessary to place the use
                 Tip         I where it is outside of SMA jufisdiction.


                             Tip: The "unnecessary hardship" of criteria 2 recognizes all regulations may
               (CWW-r        cause some degree of hardship and discomfort in their application. Variances
                             should only be granted where the specific facts of the case indicate that the
               Special       hardship is unnecessary when considering the purposes (policy basis) for
                 Til p       which the specific standards were originally adopted.


                             Economic status or legal factors, deed restrictions, granting of easements, lack
                             of planning or building mistakes, or other actions by the applicant or their
                             predecessors which create the need for a variance are not valid justifications
                             for granting variances. Irregular lot shapes, size, natural features or unique
                             conditions not caused by the -applicant are typical problems specifically related
                             to the property that might provide the basis for granting a variance.


                             Examples: The most common variances are for residential setbacks (e.g. for a
                             house, deck, or stairs to be located closer to the water than normally allowed).
                             The types of circumstances that typically justify granting the variance include:
                             that the lot was legally created prior adoption of the SNT; or a common
                             setback line was established prior to adoption of the SMT; or the slope of the
                             lot requires placing the building closer to have the least overall shoreline
                             impact.








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                                   Tip: Remember that variances must be submitted to Ecology for its
                                   approval. Ecology must conduct an independent review of the variance for
                                   consistency with the SMA and may approve, approve with conditions or deny
                     Special       the proposal. Notification to the applicants of this step in the process is very
                       Tip         important.


                                   Tip: Some proposals may require a substantial development permit and a
                     GV0,          conditional use or variance. Other proposals that are not a "substantial
                                   development" might require a conditional use permit or variance. Make sure
                     Special       it is clear on the permit and in the public notices what combination of
                        Tip        permits is being considered. Failure to specify the permit type(s) is a
                                   common reason for permits being returned to local government for proper
                                   notice and processing. Permit processes are similar and can be handled
                                  I together as long as clear and separate decisions are made on each issue.

                                   Public Notice Requirements

                                   The SMA gives local government discretion to structure its permit process
                                   around a set of minimum requirements established in the act and in state
                                   regulations (RCW 90.58.140 and WAC 173-14). Local administrators should
                                   generally follow the procedures for permit processing described in the local
                                   master program or permit ordinance. However, should there be a conflict
                                   between the provisions of the master program or permit ordinance and the
                                   provisions of the Act or regulations, the provisions of the Act and state
                                   regulations must be followed as a minimum. A requirement of the master
                                   program that requires more than the minimum process specified in the SMA is
                                   not in conflict with it as long as the minimum provisions are incorporated.


                                   The minimum requirements are that once an application has been submitted
                                   and accepted as complete, local government must solicit public comment on
                                   the proposal. At a minimum, local government shall insure that notices of
                                   the application are published in a local newspaper of general circulation within
                                   the area which the project is proposed on the same day of the week for two
                                   consecutive weeks. An affidavit that notice has been properly published must
                                   be affixed to the application. In addition, local goverru-nent must provide
                                   additional public notice such as mailing information to adjacent property
                                   owners and community groups, posting of conspicuous notices on the
                                   property, or other appropriate methods. See WAC 173-14-070. Interested
                                   parties and members of the public must be allowed 30 days from the second
                                   newspaper publication date to submit comments to the local jurisdiction. No
                                   decision should be made on the permit until after the expiration of the 30 day
                                   public comment period.


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                          Tip: The importance of following correct procedures in processing of
                          permits cannot be overemphasized. Failure to follow the processes outlined
                          in the SMA, state shoreline regulations and the local master program may
             Special      result in the invalidation of a decision. Local planning and zoning
               Tip        requirements for public notice may differ from the SMA. If you are trying to
                          combine these processes, you must be sure that you meet the SMA's
                          requirements or the shoreline permit process could be invalidated. Far
                          more appeals and court decisions are decided on procedural grounds than on
                          substantive issues.


                          Hearings

                          The act does not require that public hearings be held on shoreline development
                          proposals but many master programs establish hearing requirements.
                          Hearings can be used to assure that interested citizens are appraised of the
                          development proposal and will have an opportunity to comment on it.


                          Review Process

                          Tip: In undertaking review of a development keep in mind the following
                          sequence:

                             1 .Review the public notice and permit processing requirements of your
             Special            SMP. What are the public notice and hearing requirements for the
               Tip              particular type of shoreline permit, i.e. variance, CUP, SDP?
                             2. Is a variance or conditional use permit required? Why are these permits
                                needed and what are the SNW sections (policies and regulations)
                                affected? Are all of the variance/CUP criteria met?

                             3. Evaluate how the SMA and SNIP policies apply to the proposal. Is the
                                development located in a Shoreline of State-wide Significance? If so,
                                are the SSWS priorities satisfied?
                             4. Evaluate how the general regulations of the SNIP apply to the proposal.

                             5. Establish which shoreline environment designation(s) apply and
                                evaluate how the SN4P use regulations apply to the proposal.

                             6. Has SEPA been complied with and documented?

                             7. What other permits are required. Talk to the agencies with permit
                                authority and find out what action has been taken.





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                                                     CUP or Variance Pem-iit
                                                 Submitted to Local Government




                                                                V

                                                       Notice  mailed/posted           If specified in SMP.
                                lu
                              W.Q                     Legal Notice published        - - - - - - - - - - -
                                                      (2 consecutive weeks)
                                   W                                                                         V
                                                                                                        Public Notice
                                                                                                         for Hearing
                                                                V
                                                                                                                                 E

                                                    Technical Review by Staff
                                E
                                E
                                                                                                             V
                                E                                                                      Public Hearing
                                                                V                                      (recommended)

                                                         Local Government           -- - - - - - - - - - -
                                                       Permit Decision (t)

                                E
                             >1 =                                I


                            00


                                                         Receipt of Permit
                                                            by Ecology
                                E
                                E


                                E
                                                         Ecology Review/
                                                       Decision to Approve,
                                                         Condition or Deny




                                                     Ecology's  permit decision
                                                      may be appealed to the                        Appeals     Shorelines
                                                                                                          's to
                                                     Shorelines Hearings Board                        @Hearnings Board
                                                         by aggrieved parties



                                                                V                          Notes:

                                                                                           (1) SEPA requiremenu; must be completed
                                                          Authorization to                 prior to local permit decisions.
                                                      Commence Activity     (2)
                                                                                           (2) Ir not appealed to superior court, and
                                                                                           provided all other permits are obtained.




                          Figure 4-1. Conditional Use Permit (CUP) or Variance Review Process




                      Chapter 4 - Permits and Decisions                                                                       M-72









                       Administrator's Manual - 1994 Edition
                                                                                                                                                     40

                                                         Shoreline Permit Submitted
                                                             to Local Government





                                                             Notice mailed/posLed           If specified in SMP.
                                                                                         - - - - - - - - - - - -
                                                           Legal Notice published
                                                            (2 consecutive weeks)
                          Q
                          >
                                                                                                             Public Notice
                                                                                                              for Hearing
                                                                     T
                                                                                                                                       E-
                                                       Technical Review by Staff
                                                                                     &                                                 E
                                                           Public Comment Period
                                         Ei                                                                        T

                                                                                                             Public Hearing
                                                                     V,

                                                             Local Government                                      J
                                                             Permit Decision (1)

                                         E

                                       00                            V,
                                         E--

                                                             Receipt  and Filing
                                                         of Permit   by Ecology    (2)

                          >


                          2              Cn                          T
                                                           Permit Decision May Be                        Appeals to Shorelines
                                                           Appealed by Aggrieved          - - - - -         Hearings Board
                                                           Parties, Including Ecology





                                                              Authorization to
                                                           Commence Activity   (3)




                                Notes:

                                (1) SEPA requirements must be completed prior to local permit decisions.
                                (2) Ecology Is not authorized to modify local decisions on SDPs, although it may appeal them. Ecology Is required to
                                APPROVE, DENY or CONDITION CUP and Variance Permits.

                                (3) If not appealed to superior court, and provided all other permits are ob.ed.





                       Figure 4-2. Shoreline Substantial Development Permit ReAew Process






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                        Administrator's Manual - 1994 Edition








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                        ciust-to., ISLAW.                         Existing Conditions



                        Chapter 4 - Permits and Decisions                                                    M-74









                             Administrator's Manual - 1994 Edition






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                                            OUHV







                           OF qUFWS. 15LA"P                                                                      Figure 4-4. Example of a Site Plan Showing
                           infitj Doe                                                                            Proposed Modifications. Note: the application
                           (.50 WATMVIOW RMP
                                                                                                                 should include both plans.



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                                 Administrator's Manual - 1994 Edition



                                 As indicated in Figure 4-2, local government must wait a minimum of thirty
                                 days after completion of public notice requirements before taking action.
                                 Following public notice and review, the local government may take
                                 action on the application. This is a statutory requirement and thereby no
                                 one has the authority to waive it. Any action taken prior to the expiration of
                                 the comment period may be voided by the failure to comply with this
                                 requirement.


                                 Many permits are issued with conditions attached. Shoreline pern-dt approvals
                                 must include any conditions that are needed to ensure that the project is
                                 consistent with the SMA and the shoreline master program. Local jurisdictions
                                 often apply conditions under powers granted by SEPA in order to mitigate the
                                 environmental impacts of a proposal. See WAC 197-11-660. Conditions that
                                 are necessary to n-ftigate impacts to shoreline resources are authorized by the
                                 SMA directly [RCW 90.58.0201.


                                 When permit approval is based on conditions, the conditions must be
                                 satisfied prior to occupancy or use of a structure or prior to
                                 commencement of a non-structural activity, unless an alternative
                                 compliance schedule is a condition of approval [WAC 173-14-060 (5)].


                                 Tip: Conditions imposed on shoreline permits run with the property even if
                                 ownership changes, i.e. conditions must be complied with even after the
                                 permit expires for the life of the development or beyond if the circumstances
                    Special      warrant such an interpretation. Ecology recommends that certain conditions
                      Tip        be recorded on the title, particularly those that commit a property owner to
                                 maintain habitat or public access. Recording conditions such as vegetation
                                 buffers, habitat mitigation areas (including submerged sites), public access
                                 points, trails, or parks, and flood control measures will alert future property
                                 owners of the commitment for maintenance of such areas in perpetuity.


                                 Tip: As a general practice you want to avoid incorporating non-shoreline
                                 related permits or conditions into shoreline permit conditions. Keep the
                                 issues separate. Appeals and processing may then be easier to deal with and
                    Special      resolve.
                      Tip











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                         Administrator's Manual - 1994 Edition



                         Tip: Typical conditions issued under a shoreline permit might include
                         landscaping, screening and berms, hooded lighting, limited operating hours,
                         provisions for public access, monitoring of water quality or other
            Special      environmental parameters, or modifications of proposed structures to limit
              Tip        obstruction of shoreline views. Under WAC 197-11-660 (SEPA), conditions
                         or mitigating measures must be "reasonable and capable of being
                         accomplished." The Shoreline Hearings Board has determined that the test
                         for "reasonableness" of the conditions imposed by a local government for a
                         permit is whether the conditions further the policy of the SMA or aid the
                         implementation of the master program. See SHB Case No. 81-37.


                         Tip: Remember not to confuse "conditions" on a permit with "conditional
                         use permits"! The adding of conditions to a substantial development permit
                         does not make it a conditional use permit. All permits may be
            Special      conditioned.
              Tip

                         After a final shoreline permit decision is made and all local appeals or appeal
                         periods have been exhausted, the local government must notify the
                         applicant and transmit the final action, whether it be an approved
                         permit, denial or revision to the Department of Ecology, and the Attorney
                         General's office within eight days. In addition, interested citizens (parties)
                         who have requested notification must also be informed of the decision in a
                         timely manner [RCW 90.58.140(4) and WAC 173-14-070]. Permit decisions
                         should not be filed with the State until all local appeals and or appeal periods
                         have been resolved or exhausted. The date of filing is the date these
                         documents are received by Ecology. Construction is not authorized until 30
                         days after the "date of riling" or until all review proceedings (upon
                         appeal) are terminated See RCW 90.58.140(5) and WAC 173-14-090.
                         This 30 day period is also established by the Act and cannot be waived or
                         altered by local government or the state under any circumstances.

















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                 Administrator's Manual - 1994 Edition


                 Tip: To ensure that the project is not delayed, send the following to.
                 Ecology:
           G;T,     completed application including text;
                   :site development plans;
           Special  vicinity map;
            Tip     affidavit of public notice;
                    permit and final order (decision) issued by the local government; and
                    applicable SEPA documents including dates and actions.
                 Ecology's timely review %kill also be aided by:
                    staff reports;
                    hearing records;
                    written public comments; and
                    a list of the names and addresses of interested parties.


                 Requirements for processing conditional use permits and variances are
                 similar to those for substantial development permits. Applications for
                 proposals that require a substantial development permit and a conditional use
                 permit or variance can be handled together as long as clear and separate
                 decisions are made on each issue. Be aware, however, that public notices must
                 indicate if a variance or CUP is being proposed and be sure to check your
                 master program for the proper procedure for variances and CUPs. The
                 requirement for a public hearing may be invoked due to the variance or CUP.


                 In contrast to substantial development permits, Ecology must specifically
                 approve or disapprove conditional use and variance permits. Ecology's
                 regulations allow up to 30 days from the date of receipt of a complete
                 submittal for review and a decision on these permits. Parties wishing to appeal
                 either the local government's or Ecology's decision must do so within 30 days
                 of the date that Ecology's decision is transmitted to the appficant and the local
                 jurisdiction. The date of the Ecology's decision is the "date of filing" on the
                 permit.


                 When a variance or CUP is denied by the local government it must be filed
                 with Ecology like an approved or conditionally approved permit but the "date
                 of filing" is the date of receipt of a complete submittal by Ecology.


                 If a project requires a substantial development permit as well as a variance or
                 CUP, the date of filing for the entire package is established according to the
                 rules for variances and CUPs.


                 Once the local jurisdiction receives Ecology's decision on the permit, it is
                 required to notify all persons who have requested notice of the final decision
                 on the permit [RCW 90.58.(4) and WAC 173-14-070].


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                          Administrator's Manual - 1994 Edition



                          Tip: Informing applicants for variances and/or conditional use permit that
                          these require Ecology review and approval and that it may take up to 30 days
                          longer than a substantial development permit is both common courtesy and
             Special      good practice from a legal standpoint. Note also that Ecology may add
               Tip        conditions to these permits.


                          Revisions


                          When an applicant seeks to revise a permit, detailed plans and text shall be
                          provided to the local government. Permits may be revised after issuance, if
                          the local government determines that the changes are "within the scope and
                          intent of the original permit" [WAC 173-14-064(l)(1)]. Since a project
                          approval and permit authorizes the finished development indefinitely, an
                          application for permit revision may be considered at anytime, even after the
                          rive (or six) year permit expiration time, PROVEDED that the revision
                          procedure may not be used to extend the original time Iin-dt for completing the
                          project, but rather as a means to make modifications to the already completed
                          project [WAC 173-14-060(6)]. This means that if the work necessary to
                          accomplish the revision constitutes "substantial development" then either the
                          original SDP must not have expired or a new SDP is required. There is no
                          limit on the number of revisions allowed for a project, however, the sum of all
                          of the revisions must remain "within the scope and intent of the original
                          permit" [WAC 173-14-064(3)].


                          The shoreline regulations [WAC 173-14-064(2)] set forth specific criteria for
                          determining whether a revision is within the "scope and intent" of the original
                          application. To be considered for approval, a revision application must meet
                          all of the follovAng:


                          ï¿½   No additional over water construction - is involved except that pier,
                              dock, or float construction may be increased by 500 square feet or 10
                              percent, whichever is less, from the provisions of the original permit;


                          ï¿½   Structure footprint and height - ground area coverage and height of each
                              structure may be increased a maximum of 10 percent from the provisions
                              of the original permit-,


                          ï¿½   Additional separate structures - may not exceed a total of 250 square
                              feet;





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                                  0  No new variances or conditional uses - the revised permit does not
                                     authorize development to exceed height, lot coverage, setback, or any
                                     other requirements of the master program except as originally authorized;


                                  0  Additional landscaping - is consistent with conditions (if any) attached to
                                     the original pern-dt and with the master program;


                                  a  Same use - the use authorized pursuant to the original permit is not
                                     changed;and


                                  a  No substantial adverse environmental impact - will be caused by the
                                     project revision. WAC 173-14-064 (2).


                                  Tip: The Shorelines Hearings Board has tended to view the specific terms of
                                  the revision WAC as guidance only. Where the proposed revision was clearly
                                  within the "Scope and Intent" of the original permit and resulted in a better,
                     Special      more environmentally sensitive development, the Board upheld revisions that
                       Tip        exceeded specific provisions of the WAC.


                                  Process


                                  Within eight days of the final local government action, the revision including
                                  the revised site plan, text, and the final ruling on consistency with WAC 173-
                                  14-064 shall be filed with Ecology and the Attorney General. Unless appealed
                                  Nkithin 30 days of receipt by Ecology, the decision by local government shall
                                  automatically stand.


                                  If the original permit involved a variance or conditional use which was
                                  conditioned by Ecology, the revision must be submitted to Ecology and so
                                  identified, for approval, approval with conditions, or denial. Ecology shall
                                  render and transmit to local government and the applicant its final decision
                                  within fifteen days of receiving the application.


                                  Effective Date and Appeals

                                  The revised permit is effective immediately upon final action by local
                                  government or, when an Ecology conditioned variance or conditional use is
                                  involved, upon final action by Ecology.


                                  Appeals shall be based only upon questions of noncompliance with what
                                  constitutes "within the scope and intent" of the original permit [WAC 173-14-
                                  064(2)] and not the merits of the original permit itself

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                          Administrator's Manual - 1994 Edition


                          Construction undertaken based on the revision and not authorized in the
                          original permit is at the applicant's own risk until the expiration of the appeals
                          deadline and until all appeals have been decided. If an appeal proves the
                          revision was not within the scope and intent of the original permit, the decision
                          shall have no bearing on the original permit.


                          Appeals must be filed within 30 days of Ecology's receipt of the application
                          or, if an Ecology-conditioned variance or conditional use is involved, within 30
                          days of the date of transmittal of Ecology's final decision to local government
                          and the applicant


                          No Public Notice Required


                          A revised permit does not require new public notice, however, parties of
                          record in the original decision must be notified by local government of
                          their permit action (or Ecology's decision) within eight days. If the
                          changes are not within the original scope and intent, then a new permit
                          application must be filed and new public notice proceedings initiated. See
                          WAC 173-14-064.


                          Tip: The Shoreline Hearings Board has determined that, as used in WAC
             GZF          173-14-064, the "intent" of a permit relates to the type of land use
                          authorized, while the "scope" of the pern-dt relates to the actual substantial
             Special      development(s) which may be constructed. See SHB Case No. 216. The
               Tip        "scope" of the original permit is defined as the development described in
                          sufficient detail in the permit itself, in accompanying documents, or on the
                          accompanying site plans. See SFIB Case No. 214. This is yet another reason
                         Lto require clear, detailed plans and drawings!

                          Timing and Duration of Permits

                          Start-up Period

                          Construction or other actions approved under a shoreline permit must begin
                          within two years of the date the permit was issued by the local government.
                          The applicant must demonstrate "substantial progress toward completion"
                          within this time period. "Substantial progress" shall include all of the
                          following, where applicable:


                                  Making of contracts;


                                  Signing of notice to proceed;

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                                 Administrator's Manual - 1994 Edition


                                        Completion of grading and excavation; and


                                        Laying of major utilities.


                                 Where no construction is involved, substantial progress is considered to be the
                                 initiation of the activity.


                                 Before the end of the two years, the local government may grant a single
                                 extension of up to one year to this time limit, based on "reasonable factors".
                                 Ecology and interested parties of record must first be notified. See WAC
                                 173-14-060.


                                 Completion Period

                                 Shoreline perm@its are valid for rive years, i.e. the construction or any
                                 "development" activity must be complete during that period. Local
                                 government may issue permits that expire in less than five years as an option.
                                 Again, before the rive years ends, local government may grant a single
                                 extension of up to one year based on reasonable factors. Ecology and
                                 interested parties of record must be notified.


                                 Tip: Some projects require authorization from multiple agencies. This can
                                 result in substantial time passing between authorization of a shoreline permit
                                 and final authorization to proceed with a project. The regulations directly
                     Special     provide suspension of the running of commencement or completion time
                       Tip       periods for delays due to "reasonably related administrative appeals or
                                 litigation". As a general matter this should be read to include administrative
                                 processes that are outside of the applicants control where the applicant can
                                 demonstrate that the project has been actively pursued.


                                 Conditions "run with the land" and are in effect even after the project has
                                 been built and the five year permit authorization has expired. New owners of a
                                 project must comply with the conditions, public access for example, because
                                 the project, not the owners, has been approved based on the conditions.


                                 Tip: Projects involving ongoing "development" activities such as mining,
                                 are required to obtain a new permit every five years if the project has a total
                                 life in excess of six years (five years with a one year extension).
                     Special
                       Til p





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                           Administrator's Manual - 1994 Edition


                           Rescission of Permits


                           If a local government finds that a permittee has not complied with the
                           conditions of a permit, the permit may be rescinded after a hearing with
                           proper public notice to the permittee and the public. Ecology can also
                           independently petition the Shoreline Hearings Board to rescind a pern@t that
                           the department believes is in noncompliance. Ecology must first provide
                           written notice to the local government that the noncompliance exists and wait
                           thirty days for the local government to have the opportunity to rescind the
                           permit to rescind the permit. Within fifteen days after the end of the thirty day
                           period and upon written notice to the permittee and local goverrunent, Ecology
                           may petition the SHB to rescind the permit. See RCW 90.58.140(8).


                           Please also note that violation of the terms of a permit is also subject to civil
                           penalties and orders from the local government and/or Ecology.

                           Appeals

                           Local shoreline master programs may contain provisions for a local appeal
                           process. The local appeal process may handle appeals of the permit action
                           (granting, denial, rescission) and appeals of interpretations of SNV rules and
                           policies. Local appeals must be exhausted before a permit can be
                           accepted for riling by Ecology and before turning to the state appeals
                           process.


                           Persons or organizations may appeal the granting, denial, or rescinding of a
                           shoreline permit by filing a request for review by the Shorelines Hearings
                           Board. The request for review should contain the following (See Appendix
                           7):

                           1 . A statement of valid reasons why the final order of the permit is in violation
                               of the SMA and the shoreline master program policies and regulations, and
                               where appropriate, SEPA;

                           2.  Sufficient factual allegations regarding the proposed project to allow
                               adequate analysis of whether or not there are valid reasons for review;


                           3.  The name and address of the party requesting review and the name and
                               address of the party's representative, if any;

                           4.  The legal residence, or principal place of business within the state, of the
                               party requesting review'.

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                                     Administrator's Manual - 1994 Edition


                                     5. A specific description of what the appellant wants the Board to do to
                                        remedy the situation-,

                                     6. A copy of the order or decision for which the review is requested;

                                     7. The date that the party requesting the review received the order;


                                     8. A statement that the party requesting review has read the request for
                                        review and believes the contents to be true, followed by the party's
                                        signature and the signature of the party's representative, if any.


                                     The request for review must be riled within thirty days or the date or riling
                                     of the permit decision with the Department of Ecology. In the case of a
                                     variance or conditional use permit, the "date of filing" is the date Ecology's
                                     final order on the permit is transmitted to the applicant and local government.
                                     If an appeal is filed within this period, Ecology notifies the local jurisdiction
                                     issuing the permit and the applicant, and determines whether to certify the
                                     appeal to the Shorelines Hearings Board. Ecology and/or the Attorney
                                     General have thirty days after a request for review is filed to certify it as valid.


                                     All certified requests for review will be heard by the Shorelines Hearings
                                     Board. Ecology and the Attorney General also have the right to appeal local
                                     permit decisions to the Board at their discretion; all such appeals are also heard
                                     by the Board. Ecology and the Attorney General may also intervene in any
                                     SHB case to represent the interests of the state and protect the integrity of the
                                     SMA. Local government only may appeal any shoreline master program
                                     amendment decisions made by Ecology within thirty days of adoption or final
                                     action on such rules. Interested parties must appeal such amendment decisions
                                     directly to the court system. See RCW 90.58.180.


                                     The SMA created the Shorelines Hearings Board as a "quasi-judicial body"
                                     to hear appeals by aggrieved parties on permits, and to hear local government
                                     appeals of Ecology decisions on SM[Ps. The Shorelines Hearings Board is
                                     composed of six members- three members of the state pollution control
                                     hearings board; one member appointed as a representative of the Association
                                     of Washington Cities; one member representing the Washington State
                                     Association of Counties; and a representative of the Commissioner of Public
                                     Lands.










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                          Administrator's Manual - 1994 Edition


                          Remanding of Permits

                          The SHB may remand a permit that it has reviewed. This occurs generally
                          under one of two possible circumstances, a remand for reconsideration or a
                          remand for reissuance.


                          A remand for reconsideration is unusual for the SHB because of its "De Novo"
                          process of permit review. However, in some circumstances the Board will
                          determine that the local process was flawed in such a way that the best solution
                          is for the local process to be repeated and a new decision made by local
                          govermnent.


                          More commonly, the Board will determine that changes in the project or the
                          terms and conditions of the original permit are necessary in order to confonn
                          to the SMA and local SMP. In such circumstances the Board will usually
                          remand the permit to local government with instructions to issue a new
                          shoreline permit consistent with the order. See RCW 90.58.180. Because
                          little guidance is provided in the SMA and its implementing regulations to local
                          governments on procedures to follow in the event a permit is remanded for
                          reissuance, the Board clarified procedures in SHB No. 85-39, SAVE v. City of
                          Bothell and the Department ofEcology.                                                        40

                          SAVE v. Bothell established the following procedures for remanded permits:


                          I . All permits remanded by the SHB to local government for further action
                              must be re-issued. Public notice and comment periods are not required
                              where the re-issued permit complies with the Board's final order.


                          2.  The re-issued permit must be riled with Ecology and mailed to parties
                              of record. The filed material should include the re-issued permit (noted as
                              such) and any documents or plans required as a result of the board's final
                              order or referenced in the re-issued permit.


                          3.  The time limit for appealing a re-issued permit is thirty days from the
                              date the permit is filed with the department.


                              Subsequent appeals of the recommended permit are limited to whether it
                              complies with the SHB decision. Original issues of the case cannot be re-
                              opened.






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                                  Administrator's Manual - 1994 Edition



                                  Tip: You can sometimes avoid appeals by assuring that every detail of the
                                  permit process and review is correct. Failure to do so is the reason that many
                                  pern-dts are remanded to local government for reconsideration. Even if you
                     Special      can not avoid the appeal, a decision made as a result of a careful process is
                       Tip        more likely to be upheld.


                                  Enforcement


                                  As with the permit system, Local governments have primary
                                  responsibility for enforcement of the Act and the Master Program under
                                  RCW 90.58.050 and WAC 173-17-030 but unlike the permit system Ecology
                                  may act alone on enforcement matters if necessary. Local governments can
                                  adopt separate rules to implement the Act's enforcement provisions or can use
                                  the provisions of the state regulations. Ecology and local governments may use
                                  regulatory orders to enforce the SMA. See RCW 90.58.220 and WAC 173-
                                  40-180. Joint enforcement orders may also be issued by local government
                                  and the Department of Ecology. The regulatory order must contain:


                                  ï¿½   A description of the specific nature, location, extent, and time of violation
                                      and the damage or potential damage-,


                                  ï¿½   Notice that the violation cease and desist, or in appropriate cases, the
                                      specific corrective action be taken within a given time;


                                  ï¿½   Effective date of the order;


                                  ï¿½   Notice that the failure to cease and desist shall result in enforcement
                                      actions; and


                                  ï¿½   Notice that the violator is entitled to a hearing before the Shorelines
                                      Hearings Board. See RCW 90.58.180.


                                  The regulatory order may notify the violator to: 1) stop the project; 2) obtain
                                  a shoreline permit; 3) pay a penalty; 4) rnitigate the impact of the project; 5)
                                  remove the project; or, 6) rescind the existing shoreline permit.










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                          Tip: The SMA's enforcement policy states that the choice of enforcement
                          action and the severity of the penalty should be based on the nature of the
                          violation, the damage or risk to the pubUc or to public resources, and the
            Special       existence or degree of bad faith of the persons subject to the enforcement
               Tip        action. See WAC 172-17-030.


                          Tip: Local governments should be aware that the choice of type of
            G;WP          regulatory order results in different judicial procedures in the event of appeal.
                          Enforcement penalties issued solely by Ecology or jointly by Ecology and
            Special       the local jurisdiction are appealable to the Shorelines Hearings Board.
               Til P      Those imposed by the local jurisdiction are appealable to the local governing
                          authority and then to the Superior Court. The benefit of a joint enforcement
                          order is that appeals go straight to the Shorelines Hearings Board. Such
                          appeals proceedings are usually faster, easier, and less expensive, and are
                          argued in a forum devoted exclusively to shorelines issues rather than a
                          formal, rigid, court setting where shoreline issues are rarely considered
                         I amongst the multitude of wide-ranging criminal and civil cases.


                          Violations of the Act are considered gross misdemeanors, punishable by fines
                          or imprisonment. In addition to criminal penalties, civil penalties may be
                          imposed against violators for non-compliance with the Act, aiding or abetting
                          a violation (e.g. an agent or contractor), and delinquent permits (applying for
                          permits after commencement of a use or activity). Civil penalties typically
                          include fines, removal of offending structures or material e.g. fill, and
                          restoration of the site.


                          Liens against the property may be imposed until penalties are paid in full. The
                          Act imposes liability on any person for damages to public or private property
                          arising from a violation of the Act, related regulations, or conditions on a
                          permit. The violator may be required to assume the costs, including attorney's
                          fees and court costs, of restoration of an area affected by a violation. See
                          RCW 90.58.180.


                          Enforcement of the SMA/SNP may be required in the case of a development
                          valued at less than the two thousand five hundred dollar ($2,500) substantial
                          development threshold (no SD permit required) which is a prohibited use in a
                          particular environment (for example, a $1,500 billboard constructed in a
                          conservancy designation where signs are a prohibited use).







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                           Administrator's Manual - 1994 Edition



                           Look it up! See Chapter 173-17 WAC, Shoreline Management Act
                           Enforcement Regulations. Check the enforcement policies and provisions of
                           your SMP for information on local enforcement procedures.
                  Look
                  It UPI


                           Tip: Some jurisdictions require double or triple permit fees for "after-the-
                 (C;QF'    fact" shoreline permits due to additional legal and administrative costs
                           resulting from difficult evaluations and verifications.
                 Special
                   Tip














































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                                  CHAPTER 5

                                  Related Regulatory Programs



                                  The State Environmental Policy Act

                                  The State Environmental Policy Act, or "SEPA", establishes a detailed
                                  administrative process for assuring that environmental impacts are recognized,
                                  evaluated, and where possible, mitigated during agency decision-making.
                                  Equally important, the SEPA process provides a major avenue for public
                                  comments on a proposed project to be solicited and addressed by the agency
                                  with oversight. The SEPA process is intended to mesh with other permits,
                                  approvals, and/or licenses. Compliance with SEPA must be verified on all
                                  Shoreline permits and on other shoreline related activities such as amendment
                                  of the Shoreline Master Program. The complete SEPA process is provided by
                                  the provisions of RCW 43.2 1 C and WAC 197-11.


                                  The SEPA process interacts with the shoreline management process in several
                                  ways. Compliance with SEPA is required for issuance of a shoreline permit.
                                  Conditioning and denial of a shoreline permit may be done under powers
                                  granted by the SEPA guidelines [WAC 197-11-660]. The SEPA checklist must
                                  identify all local, state, and/or federal permits or approvals that may be
                                  required. An EIS must include a detailed evaluation of the project's
                                  consistency with existing plans and policies (e.g. the local SMP) and zoning
                                  regulations. For these reasons, it's important to remember that the "umbrella"
                                  of SEPA compliance extends over the whole shoreline administration process.


                                  Federal agencies are required to consider the environmental impacts of agency
                                  sponsored developments, permits, and grants under processes defined by the
                                  National Environmental Policy Act (NEPA). Like SEPA, NEPA requires full
                                  disclosure of environmental impacts and their consideration by an agency prior
                                  to a decision. Under NEPA, agencies prepare an environmental assessment
                                  ("EA"), and use it to determine whether an EIS is required. For projects not
                                  requiring an EIS, a finding of no significant impact (FONSI) is issued. NEPA



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                            requires examination of some economic and technical considerations that are
                            excluded from SEPA.


                            Tip: Categorical exemptions under SEPA are not identical to the substantial
              GiVil         development permit exemptions granted under the SMA. Many small
                            projects will be exempt from both SEPA and the SMXs permit requirements,
              Special       but this is not always true. For example, a residential structure of four
                 Tip        dwelling units is usually categorically exempt under SEPA, but clearly is a
                            it substantial development". In such cases, the local goverrunent should
                            demonstrate compliance with SEPA by attaching a statement of categorical
                            exemption to the permit submittal package. See WAC 197-11-305 and 197-
                            11-800.


                            Tip: When a shoreline permit is required, the local jurisdiction will typically
                            be the lead agency for SEPA but not always. The most notable exception is
              Gv@'          when a project is proposed by a governmental unit (special purpose district,
              Special       city, county, state agency, etc.). The proposing unit of goverrunent is always
                 Tip        the lead agency for a governmental project. In other circumstances on
                            privately proposed projects other agencies may assume the lead agency
                            responsibilities. Check SEPA rules for lead agency.


                            Tip: It is important to track a project's separate compliance with the
                            different review periods and public notice requirements stipulated under
              Gv@l          SEPA and the SMA. Never issue the shoreline permit until the SEPA review
              Special       periods are complete (fifteen day review for DNSs; thirty day review for draft
                 Tip        EISs). Failure to observe the review periods could lead to remanding of the
                            permit by the Shoreline Hearings Board.


                            Tip: Require that a site plan and as much detailed information as you can
                            obtain be part of the SEPA checklist. Local administrators can use SEPA as
              Givo,         a powerful tool for preliminary assessment of permits. Requesting site plans
              Special       and detailed information will also help Ecology staff evaluate the proposal in
                 Tip        its early stages, and they will be more able to provide useful comments earlier
                            in the process. (SEPA checklists are filed with Ecology, and projects
                            identified as requiring shoreline permits are reviewed by Shorelands
                            Management staff.)



                            Look it up! See Chapter 43.21C RCW, the State Environmental Policy Act;
                            and Chapter 197-11 WAC, SEPA rules. Rules on implementation of NEPA
                            are found in the Council on Environmental Quality regulations, 40 CFR
               Look         11-500-1508.                                                                   --- J
               It UPI



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                                                      NEPA






                                                                        ... . .. ......
                                                                          ... . ..... . .....  . . ....


                                                                                           .......... ...
                                                                                           ..... ........


                                                                                                  ........ ......


                                                                                                    ... .......






                                        - - - - - - - - - - - - - - - - - - - - - - - - - -




                             04




                                              State Environmental
                                              Policy Act (SEPA)







                            OU                                                           - ----------------- -





                                   Time



                                         Permits                Impact Assessment,                    Certification,
                                                                Disclosure Process                    Notice of Consistency



                         Figure 5-1. Typical Regulation Programs and Permits Required for Shoreline Development
                                                                        'ME



     is



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                           Administrator's Manual - 1994 Edition
                           The Section 10/404 Permit Program                                                           41

                           The U.S. Army Corps of Engineers regulates construction in navigable
                           waters under the authority granted by the Rivers and Harbors Act of 1899
                           (Section 10), the Federal Water Pollution Control Act of 1972 (Section 404),
                           the Clean Water Act of 1977, and numerous amendments and related water
                           quality legislation. Section 404 specifically regulates discharge of dredge or
                           rill material into waters of the United States, including wetlands.


                           Applications for a 404 permit must demonstrate the need for the project, the
                           potential possibilities for using alternative locations or methods of
                           construction, and the beneficial and/or detrimental effects of the project. For
                           dredging projects in urban areas, chemical and biological testing of sediments is
                           usually required. The application must identify the disposal site for the
                           dredged materials and/or exact areas proposed for filling. The review process
                           provides tribes, federal and state agencies having jurisdiction of water quality,
                           fish and wildlife resources, and submerged lands and other interested parties
                           with the opportunity to review and comment -on the application.


                           Certain actions that are considered to have minimal envirorunental impacts are
                           covered by national, regional, or state general penrnits. If the project complies
                           with the conditions of the general permit, an individual project permit is not
                           required. Examples of such projects are: navigation markers, some moorage
                           structures (e.g. dolphins), utility line structures, bank stabilization, certain
                           minor dredge and fill projects, and certain federally approved and funded
                           projects.


                           As noted in Chapter I of this manual, the Federal Coastal Zone Management
                           Act requires that federal permits (including the Section 10/404 program) be
                           consistent with the state's federally approved coastal zone management
                           program (within the CZMP, the project must be consistent with the local
                           SNIP). Perhaps oversimplified, this means that the Corps will not issue its
                           permit until after the project has been determined to be in compliance with the
                           SMA by the local jurisdiction and Ecology.












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                                   Tip: Remember that projects that are exempt from SMA substantial
                                   development permit requirements but still require a Corps permit must have a
                                   letter of exemption from the local jurisdiction in order to receive the Corps
                     Special       permit. Also remember that Ecology reviews these exemptions and must
                       Tip         concur that the exemption is appropriate prior to granting CZM consistency.
                                   See WAC 173-14-115.



                                   Look it up! See the Federal Clean Water Act Section 404 (b)(1) guidelines,
                                   40 CFR Part 230.

                      Look
                      It UPI
                                   Section 401 Water Quality Certification

                                   Section 401 of the Federal Clean Water Act requires applicants for federal
                                   permits to obtain a certification from the state (Ecology) for any activity that
                                   could result in the discharge of a pollutant in violation of a state water
                                   quality standard. The state must certify that the materials to be discharged
                                   will comply with applicable effluent limitations, water quality standards, and
                                   any other applicable standards. Typically the 401 certification is administered
                                   along with the Section 10/404 permit review but also applies to other federal
                                   permits.

                                   Hydraulic Project Approval

                                   The State Hydraulic Code requires that anyone proposing construction within
                                   or over the waters of the state waterward of the OHWM obtain a permit,
                                   cal-led a Hydraulic Project Approval (HPA), from the state Department of
                                   Fisheries and Wildlife. The intent of the program is to protect fish and fish
                                   habitat from damage by construction and other activities in all marine and fresh
                                   water areas of the state. An HPA is required for all types of in-water
                                   construction, including streambank protection, pile driving, culvert installation,
                                   dredging, gravel removal, debris removal, construction of docks, piers, and
                                   bulkheads, and channel realignments. Applications for HPAs are filed with the
                                   Department of Fisheries and Wildlife.








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                             Administrator's Manual - 1994 Edition
























                                                                                           Project Applicant





          Section 10/
                    ar             2L
                        D!ZVMA ica2zoss,                                               Shoreline Perinit, Application w/
      for Dredging                                                                       SEPA/NEPA Doctunentation                                                D                      PpficaLirin


                                                                                                                                                                         Deparbuent of
                        Corps                                                                    City/County                                                                 Natural
                                                                                                                                                                            Resources
                                                                                                                       Shoreline Pemiit to Ecology for Review
                                                       Public Notice






       EnvuwmvntW                  US Fh &                    National              Other Fmi@leral,                                       Other                                          D
         Protection                 Wilcwfe                   l7ist".             = Indiart                     Fhmes                      State                   Ecology                 .TN=
          Agency                    Service                   semice                        Public                                       Agomies                                           Rcsourws
                                                              Marine                 State, Local               Wildlifel                                                      I
                                                                                                                                                             401 Water Quality
                                                                                                                                                                certification
                                                                                                                1=1.hc                                               &
                                                                                                                Appr Ioval                                   CzM C"ncy



                                               CORPS                                                                             Ecology Coordinated State Response


                                                              Pemit Action              F                            Ile   Perinit Actions: HPA. C224
                                                                                            Project Applicant
                                                                                                                           LeasdDLsposal Pennit Action



   Revised from: US Army Corps of Engineers, US Environmental Protection Agency, Washington Department of Natural Resources,
   and Washington Department of Ecology, 1988. Puget Sound Dredged Disposal Analysis: Management Plan Report - Unconfined





                              Figure 5-2. Revised Version of U.S. Army Corps of Engineers Permit Process




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                                Administrator's Manual - 1994 Edition


                                Shoreline project proponents should be aware that fisheries closure periods
                                (periods when no in-water construction may occur due to spawning or
                                outmigration) can apply to their project. Permitting and project scheduling
                                should take these closure periods into account.



                                Look it up! See Chapter 75.20.100-140 RCW, the Hydraulic Code; and
                                Chapter 220-110 WAC, the Hydraulic Code Rules.

                    Look
                    It UPI

                                Forest Practices Act


                                The Forest Practices Act regulates the broad spectrum of forest management
                                activities, including timber harvesting, reforestation, use of chemicals and
                                fertilizers, and road construction and maintenance. It is administered by the
                                Department of Natural Resources. The Act's implementing regulations
                                establish "Riparian Management Zones" adjacent to streams where additional
                                care is required in the harvesting of trees, and specified trees must be left in
                                order to protect water quality and fish and wildlife habitat. Some
                                wetlands adjacent to streams are included in the riparian management zones.


                                Tip: The SMA restricts timber harvesting within shorelines of state-
                                wide significance to allow only selective cutting, so that no more than 30%
                                of the merchantable trees may be harvested in any ten year period. See RCW
                   Special      90.58.150. The Shorelines Hearings Board has ruled that the purpose of this
                     Tip        requirement is to preserve water quality and aesthetic values and that a
                                proponent of an alternative harvest method must demonstrate that the SMA
                                prescribed selective cutting method would be ecologically detrimental. See
                                SHB Case No. 77.


                                Tip: Some activities permitted under the state Forest Practices Act, such as
                                timber cutting, replanting, fertilizing, and thinning are not subject to the
                                substantial development permitting requirements of the SMA. However,
                   Special      these activities must be in compliance with the provisions of the SNU
                     Tip        and local SMP. In some cases, shoreline conditional use permits or
                                variances may be required. Some master programs list Forest Practices as a
                                conditional use and thereby, a CUP is required regardless of whether the
                                activity is considered "substantial development" or not. Construction of
                                logging roads, landings, storage buildings and other types of forest practices
                                activities that constitute substantial developments are subject to shoreline
                                substantial development permit requirements.



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                            Administrator's Manual - 1994 Edition




                            Look it up! See Chapter 76.09 RCW, the-Forest Management Practices Act;
                            and Chapter 222 WAC, Forest Management Rules. A good comprehensive
                            resource for rules related to forest management practices is the booklet
               Look         Washington Forest Practices Rules and Regulations, published by the Forest
               It UPI       Practices Board and available upon request from the Department of Natural
                            Resources.


                            Flood Plain Management Program

                            Under Washington's flood plain management program, local floodprone
                            jurisdictions must adopt a flood hazard prevention ordinance based upon
                            federal standards contained in the National Flood Insurance Program (NFIP).


                            Ecology administers the Flood Control Assistance Account Program
                            (FCAAP), which allocates matching funds for repair or restoration of flood
                            control facilities, for projects designed to maintain or improve channel
                            capacity, and for the development of comprehensive flood control management
                            plans.


                            Local comprehensive flood control management plans must be consistent
                            with the SA1A and local SMP. In addition, flood control projects must be
                            consistent with the SMA/SMP. In administering permits for flood 'control
                            projects, it is important to remember the distinctions between those projects
                            that are exempt because they constitute normal maintenance and repair (see the
                            section on exemptions in this manual) and those projects that will require a
                            permit because they constitute a substantial development e.g. raising of dikes-,
                            landfilling; and dredging for channel improvement.



                            Look it up! See Chapter 86.16 RCW; Chapter 173-158 WAC.


               Look
               It UPI

                            Model Toxics Control Act


                            The voters of Washington passed the Model Toxics Control Act (MTCA),
                            Chapter 70.105 RCW, by initiative in the fall of 1988. The Act creates a state
                            program to clean up hazardous waste sites which will be funded through a
                            tax on hazardous substances sold within the state. The Act resembles the
                            federal Comprehensive Environmental Response, Compensation, and Liability


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                                    Administrator's Manual - 1994 Edition


                                    Act (CERCLA or "Superfund") in many ways. However, unlike CERCLA
                                    (and the previous state law which was superseded by the MTCA) which
                                    exempts most types of hazardous waste cleanup actions from other federal,
                                    state, and local permitting requirements, the MTCA does not provide this
                                    exemption. Hazardous waste cleanup actions under MTCA are required to
                                    obtain relevant state and local permits. Cleanup actions within shoreline
                                    jurisdiction are required to obtain SMA authorization under the same standards
                                    for any other development or activity.


                                    Local adn-dnistrators may need to seek guidance from Ecology in participating
                                    in the implementation of these requirements, and in assuring that SEPA and
                                    permitting are effectively coordinated within the MTCA process.


                                    Look it up! See the Model Toxics Control Act, Chapter 70.105D RCW, and
                                    the Hazardous Waste Disposal Act, Chapter 70-105 RCW, and related rules,
                                    Chapters 173-303 and 173-340 WAC.
                       Look
                       It UPI
                                    Aquatic Lands Act

                                    The state is the nominal owner of the beds of all navigable waters (ma. rine
                                    lands below mean lower low water (MLLW) out to the three-mile limit, and
                                    lakes and rivers below the line of navigability) and of all tidelands (lands
                                    between mean lower low tide and mean higher high tide) that were not
                                    previously sold by the state. The Department of Natural Resources (DNR)
                                    manages these lands as a public trust. DNR administers aquatic lands under a
                                    variety of programs.


                                    In 1984, the state legislature passed The Aquatic Lands Act (RCW 79.90)
                                    directing DNR to manage aquatic lands to achieve a balance of public benefits,
                                    including public access, environmental protection, renewable resource use, and
                                    revenue generation consistent with the purposes of the act. The act also
                                    identifies water-dependent uses as priority uses for state aquatic lands. The act
                                    states that "in cases of conflict between water-dependent uses, priority shall be
                                    given to uses which enhance renewable resources, waterborne commerce, and
                                    the navigational and biological capacity of the waters, and to state-wide
                                    interests as distinguished from local interests."


                                    WAC 332-30-134 contains DNR's policy of encouraging coordinated,
                                    interagency planning to identify and protect aquatic natural resources. At the
                                    present time, DNR's Aquatic Lands Program is accomplishing this mandate in a
                                    variety of ways. However, of most interest to shoreline administrators, DNR


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                         reviews permits (including shoreline permits) for activities with potential
                         impacts on state-owned aquatic lands, and recommends ways to minifnize
                         these impacts.





















































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                                                           Appendixes



















                                                                            w I S N I N 6 T I NS 7 A T E
                                                              jjjjjjj@ 0       1 P A I T M E N T    I F
                                                                            E-  C   0 L 0 G Y

                                                               Shorelands & Coastal Zone
                                                                  Management Program

                                                                             93-104B










                       Administrator's Manual - 1994 Edition
      0



                       APPENDIX 1

                       Sample Shoreline Substantial Development Permit
                       Submittal Checklist












     is












    0



                       Appendix 1 - Sample Shoreline Permit Submittal Checklist













                       SAMPLE SHORELINE SUBSTANTIAL DEVELOPMENT
                                     PERMIT SUBMITTAL CHECKLIST




                 Per WAC 173-14-110: Information required for application of substantial
                 development, conditional use, or variance permit.

                 Application form
                 Project diagrams with scale on lower fight hand comer
                 Site plan(s)
                         Site boundary
                         Property dimensions in vicinity of project
                         Ordinary high water mark
                         Typical cross section(s) showing:
                               existing ground elevations
                               proposed ground elevations
                               height of existing structures
                               height of proposed structures
                         Proposed land contours, where appropriate at 5' intervals in water and 10'
                         landward of OHWM.
                         Dimensions and locations of existing structures to be maintained.
                         Dimensions and locations of proposed structures
                         Source, composition, and volume of fill material.
                         Composition and volume of extracted materials and proposed disposal area.
                         Location of proposed utilities.
                         Septic tank compliance with local and state regs.
                         Shoreline environment designation according to master program.
                         Areas of shoreline which are of statewide significance.
                         Vicinity map
                         Site location using natural points of reference
                         Soils disposal site, if applicable
                         Improvements and land use within 1000' from site














                 Shoreline Management Guidebook - 1994









                        Administrators Manual - 1994 Edition
     0



                        APPENDix 2

                        Sample Permit Application Form










     0












    0



                       Appendix 2 - Sample Permit Application Form









                           APPLICATION FOR SHORELINE MANAGEMENT
                     SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR
                                                VARIANCE PERMIT



          TO THE APPLICANT: This Is an application for substantial development, conditional use, or variance
          permit as authorized by the Shoreline Management Act of 1971. It is suggested that you check with
          appropriate local, state, or federal officials to determine whether your project falls within any other permit
          systems.


          1 .    Name of Applicant

          2.     Mailing Address

          3.     Relation of applicant to property (Specify Relationship)

                 00wner         OPurchaser         E31-essee      00ther

          4.     Name and address of owner, if other than applicant




          5.     General location of proposed project (Please list section to the nearest quarter section, township, and
                 range)




          6.     Name of water area and/or wetlands within which development is proposed



          7.     Current use of the property with existing improvements






          8.     Proposed use of property (Please Be Specific)





          9.     (To be completed by local official.) Nature of the existing shoreline. (Describe type of shoreline,
                 such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of
                 beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel,
                 mud, clay, rock, riprap; and extent of type of bulkheading, if any):










          Shoreline Management Guidebook - 1994







                    10.    (To be completed by local officia/.) In the event that any of the proposed buildings or structures will
                           exceed a height of thirty-five feet above the average grade level, indicate the approximate location
                           of and number of residential units, existing and potential, that will have an obstructed view.








                    11.    (To be completed by local officiaQ If the application involves a conditional use or variance, set
                           forth in full that portion of the master program which provides that the proposed use may be a
                           conditional use, or, in the case of a variance, from which the variance is being sought.







                    12.    PROJECT DIAGRAMS: Draw all site plans and maps to scale, clearly indicating scale on lower
                           right-hand corner and attach them to the application.
                           (a)  SITE PLAN. Include on plan:
                                (1)  Site boundary.
                                (2)  Property dimensions in vicinity of project.
                                (3)  Ordinary high-water mark.
                                (4)  Typical cross-section or cross-sections showing:
                                     (i)  Existing ground elevations.
                                     (ii) Proposed ground elevation.
                                     (iii) Height of existing structures.
                                     (iv) Height of proposed structures.
                                (5)  Where appropriate, proposed land contours using five-foot intervals in water area and
                                     ten-foot intervals on areas landward of ordinary high-water mark, if development involves
                                     grading, cutting, filling or other alteration of land contours.
                                (6)  Show dimensions and locations of existing structures which will be maintained.
                                (7)  Show dimensions and locations of proposed structures.
                                (8)  Identify source, composition, and volume of fill material.
                                (9)  Identify composition and volume of any extracted materials, and identify proposed area.
                                (10) Location of proposed utilities, such as sewer, septic tanks and drainfields, water, gas,
                                     electricity.
                                (11) If the development proposes septic tanks, does proposed development comply with local
                                     health and state regulations?
                                (12) Shoreline designation according to master program.
                                (13) Show which areas are shorelines and which are shorelines of statewide significance.

                           (b)  VICINITY MAP.
                                (1)  Indicate site location using natural points of reference (roads, state highways, prominent
                                     land marks, etc.)
                                (2)  If the development involves the removal of any soils by dredging or otherwise, please
                                     identify the proposed disposal site on the map. If the disposal site is beyond the confines
                                     of the vicinity map, provide another vicinity map showing the precise location of the
                                     disposal site and its distance to the nearest city or town.
                                (3)  Give a brief narrative description of the general nature of the improvements and land use
                                     within one thousand feet in all directions from development site (ie., residential to the
                                     north, commercial to the south, etc.)





                    Shoreline Management Guidebook - 1994                                                                           2










                       Administrators Manual - 1994 Edition
     0





                       APPENDix 3

                       Sample Form for Notice of Application for Shoreline
                       Permit









     0












    0




                       Appendix 3 - Sample Form for Notice of Application








                     NOTICE OF APPLICATION FOR SHORELINE MANAGEMENT
                       SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR
                                                 VARIANCE PERMIT
                                (indicate type of permit(s) being applied for)







            Notice is hereby given that
                                                                           (Name of Applicant)
            who is
                            (Describe relationship of property, such as owner, purchaser, lessee, etc.)

            of the below described property has filed an application for a substantial development, conditional
            use, variance (Indicate type of permit(s) being applied for) permit for the development of



                            (Describe development, including uses)






            located at
                            (Give street address, if known, otherwise give distance and direction)

            within                          of section                     of township                           -N.
                    (Quarter Section)


            Range                       W. M., in
                                                           (City or Town)                          (County)

            Washington. Said development is proposed to be within
                                                                                   (Name of Water Area)
            and/or its associated wetlands. Any person desiring to express his views or to be notified of the action
            taken on this application should notify



                                                (Name of Local Government Official)


            in writing of his interest within thirty days of the final date of publication of this notice which is


            (Date)


            Written comments must be received by
                                                                                   (Date)












            Shoreline Managemext Guidebook - 1994









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     0




                         APPENDix 4

                         Sample Permit Form










     is












    0



                        Appendix 4 - Sample Permit Form











                          SHORELINE MANAGEMENT ACT OF 1971
                 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL
               DEVELOPMENT, CONDITIONAL USE, OR VARIANCE PERMIT



            Downer                     Application No
            OPurchaser          Administering Agency
            Ehessee                    Date Received
            0Other                          Approved          -Denied

                                     Date of Issuance

                                    Date of Expiration

            Pursuant to RCW 90.58, a permit is hereby granted/denied to:



                                           (Name of Applicant)



                                               (Address)


            to undertake the following development






            upon the following property
                                                          (Section, Township, Range)




            Within                                  and/or its associated wetlands.
                  (Name of Water Area)


            The project will           within shorelines of statewide significance (RCW 90.03.350)
                           (belnot be)


            The project will be located within a                                    designation
                                                          (Environment)


            The following master program provisions are applicable to this development


               (State the Master Program Sections or Page Numbers): If a conditional use or variance,
               also identify the portion of the master program which provides that the proposed use
               may be a conditional use, or that portion of the master program being varied.






            Shweiine MamgenieW Gui&ook - 1994                                             1










                      Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions







                         This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this
                      permit shall excuse the applicant from compliance with any other federal, state or local statutes,
                      ordinances or regulations applicable to this project, but not inconsistent with the Shoreline
                      Management Act (Chapter 90.58 RCW).

                         This permit may be recinded pursuant to RCW 90.68.140(8) in the event the permittee fails to
                      comply with the terms of conditions hereof.

                         CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT
                      AUTHORIZED UNTIL THIRTY DAYS FROM THE DATE OF FILING AS DEFINED IN RCW
                      90.58.140(6) AND WAC 173-14-090 OR UNTIL ALL REVIEW PROCEEDINGS INITIATED
                      WITHIN THIRTY DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT
                      AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c).




                            (Date)                     (Signature of Authorized Local Government)




                      THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A
                      CONDITIONAL USE OR VARIANCE PERMIT


                      Date received by the Department


                      Approved                                         Denied

                         This conditional uselvariance permit is approved/denied by the Department pursuant to
                      chapter 90.58 RCW.

                         Development shall be undertaken pursuant to the following additional terms and conditions:









                            (Date)                         (Signature of Authorized Department Official)






                      Shoreline Management Guidbook - 1994                                                   2









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     0



                       APPENDix 5

                       Sample Questionnaire on Related Approvals for
                       Substantial Development Permit Applicants









     0












    is
                       Appendix 5 - Sample'Questionnaire










                                SAMPLE QUESTIONNAIRE ON RELATED
                    PERMIT/APPROVALS FOR SUBSTANTIAL DEVELOPMENT
                                             PERMIT APPLICANTS.


               Here is a sample informational questionnaire that applicants could use to determine if
               other permits or approvals are required

               Note to Permit Applicants: Proposals requiring shoreline management permits often
               require other federal, state and local permits and approvals. Application for or approval of
               a shoreline substantial development permit does not waive the requirement to obtain any
               other federal, state or local permit or approval. Use this questionnaire as a general guide
               to determine if other approvals, permits or evaluations are required for your project. It is
               your responsibility to see that your proposal is in compliance with all applicable rules and
               programs.


               SEPA:
               Is the proposal exempt from review under the State Environmental Policy Act? See WAC
               197-11-800. If the proposal is not categorically exempt, a SEPA checklist must
               accompany the shoreline substantial development application.
               For federal actions, compliance with the National Environmental Policy Act is required.

               Note to the Applicant- The shoreline permit will not be issued until after the SEPA review
               process is complete (DNS or final EIS filed with Ecology.)

               For more information on SEPA procedures, obtain the SEPA policies of the lead agency
               (usually the local planning department) or contact:
                               Washington Department of Ecology
                               Environmental Review Section
                               Mail Stop PV- I I
                               Olympia, WA 98504
                               (206) 459-6000

               Section 10/404 Permit (Co[ps of Engineers Permits):
               Does the proposal involve construction within navigable water, i.e., up to the mean high
               water mark for tidal waters or to the ordinary high water mark for fresh waters? Does the
               proposal include dredging or placement of fill?

               If so, a U.S. Army Corps of Engineers Section 10/404 permit is required. Contact:
                               U.S. Army Corps of Engineers, Seattle District
                               Regulatory Functions Branch
                               P.O. Box C-3755
                               Seattle, WA 98124-2255





               Shoreline Management Guidebook - 1994                                                       1










                       Clean Water Act Section 401 Certification:
                       Could the proposal result in the discharge of a pollutant in violation of state water quality
                       standards (discharge of dredged materials and fill are included) and is a federal permit
                       required for the proposal?

                       If so, a Clean Water Act Section 401 certification is required. The Department of
                       Ecology implements the Section 401 requirements, which are typically coordinated
                       through the Section 404 review process. Contact:

                                      Washington Department of Ecology
                                      Water Quality Section
                                      Mail Stop PV- I I
                                      Olympia, WA 98504
                                      (206) 459-6038

                       Hydraulic Project Approval:
                       Does the project involve construction or other activity below the ordinary high water mark
                       of state waters? Or does the project include an activity that will use, divert, obstruct, or
                       change the natural flow or bed of any state waters?

                       If so, a Hydraulic Project Approval from the Department of Fisheries or Department of
                       Wildlife is required. Contact the nearest regional office of these agencies for information
                       and an application, or:

                       Floodplain Management Program:
                       Is the project within areas regulated by the local comprehensive flood control management
                       plan (usually the base (100 year) floodplain)?

                       If so, review the proposal for consistency with the development, construction, use and
                       activity standards of the flood damage prevention ordinance. Contact the local planning
                       department for more information.

                       Aquatic Land Use Authorization or Tideland Lease:
                       Does the project include construction, use or activities on submerged lands that are under
                       the ownership/jurisdiction of the State Department of Natural Resources?

                       If so, an aquatic land use authorization or tideland lease may be required.- Contact:

                                      Department of Natural Resources
                                      Aquatic Resources Division
                                      John A. Cherberg Building, QW-21
                                      Olympia, WA 98504
                                      (206) 753-5327






                       Shoreline Management Guidebook - 1994                                                   2









                   Timber Harvestiny- Forest Practices Application:
                   Does the project involve any activity relating to the growing, harvesting or processing of
                   timber, including road construction, thinning, reforestation, fertilization, salvage and brush
                   control?


































































                   Shoreline Management Guidebook - 1994                                                                                    3










                       Administrators Manual - 1994 Edition
     0



                       APPENDix 6

                       Sample Exemption Form










     0












    0




                      Appendix 6 - Sample Exemption Form








                                    EXEMPTION FROM SHORELINE
                                 MANAGEMENT ACT SUBSTANTIAL
                               DEVELOPMENT PERMIT REQUIREMENT





           TO:           Name of Applicant

                         Mailing Address

                         Legal Description






                         Section/Rangerrownship (if platted)





           PROJECT:








           IDENTIFY EXEMPTION SECTION


                                The proposal made by the applicant to undertake the development
                                described above within the waters of the (City/County) and/or its
                                associated wetlands is exempt from the requirement of a
                                substantial development permit.

                                The proposed development is consistent or inconsistent with

                                (Check one)


                                Consistent            Inconsistent


                                                                    Policies of the Shoreline
                                                                    Management Act

                                                                    City/County
                                                                    Master Program






                                                           Date
           Name of Administrator
           Title


           Shoreline Management Guidebook - 1994










                        Administrators Manual - 1994 Edition







                        APPENDix 7

                        Guidelines for Filing a Request for Review with the
                        Shorelines Hearings Board


































                        Appendix 7 - Guidelines for Filing a Request for Review with the Shorelines Hearings Board









                                GUIDELINES FOR FILING A REQUEST FOR
                         REVIEW WITH THE SHORELINES HEARINGS BOARD



            If you wish to register a request for review with the Shorelines Hearings Board pursuant to the Shoreline
            Management Act you must meet the requirements outlined in RCW 90.58.180 and Chapter 461 -08 WAC.

            THE REQUEST FOR REVIEW MUST BE FILED WITHIN 30 DAYS OF THE "DATE OF FILING" AS
            DEFINED IN RCW 90.58.140(6). The "date of filing" is the date of receipt by the Department of Ecology
            for substantial development permits and the date of the transmittal of its decision for variance and
            conditional use permits.

            The request for review should contain:

            1. The name, mailing address and telephone number of the appealing party, and of the representative, if
               any;

            2. The appealing party's legal residence or principal place of business within the state;

            3. A copy of the application for a substantial development permit which was filed with the local
               government pursuant to RCW 90.58.140;

            4. A copy of the decision or permit appealed from;

            5. A short and plain statement showing the grounds upon which the appealing party considers such
               decision or permit to be unjust or unlawful, and if one of the grounds so asserted is failure to comply
               with RCW 43.21.030(20(c) (SEPA), six copies of any environmental impact statement if available to
               appealing party;

            6. The relief sought, including the specif ic nature and extent;

            7. A statement that the appealing party has read the request for review and believes the contents to be
               true, followed by the party's signature and the signature of his representative, if any. If the appealing
               party is unavailable to sign the request for review, it may be signed by the representative.

            The original and one copy of the request shall be flied with the Environmental Hearings Office, 4224-6th
            Avenue Southeast, Building #2, Rowe Six, Mail Stop PY-21, Lacey, WA 98504; concurrently one copy
            shall be filed with the Attorney General and the Department of Ecology, c/o Department of Ecology,
            Shoreland Management Permits, Mail Stop PV-11 1, Olympia, WA 98504; one copy shall be filed with the
            local government, and one with the permit applicant if the applicant is not the party requesting review.

            The Department and/or the Attorney General may certify the request for review to the Shorelines
            Hearings Board within 30 days of receipt if the appeal applies to a shoreline permit, and it is filed within
            the 30 day appeal period, and the issues raised fall within the jurisdiction of the Shoreline Management
            Act, the local Shoreline Master Program, or the State Environmental Policy Act.

            If neither the Department nor the Attorney General certify the request for review, the requester may
            request review in the Superior Court under any right to review otherwise available to the requester.









            Shoreline Management Guidebook - 1994









                        Administrators Manual - 1994 Edition
     0





                        APPENDix 8

                        Wetland Identification, OHWM, and Association Field
                        Form










     0












    0



                        Appendix 8 - Wetiand Identification Form






            Weilao Identification, OHWIVI and Association Field Form
             Date 1 Survey:
              Wed Name:                                                        Quad:
                            1/4--1/4    -     S-     T-     R             1/4- 1/4- S_ T                  R_
                            1/4- 1/4- S_ T_ R_                            1/4      1/4- S_ T_ R

              ning:
             .-oject Location:


            ,County:                                                  City:
            SMA Water Body (or Watershed):
            Weather Conditions:
            Field Lead:
            Other Members of Field Team:



            Project Description:




            1. WETLAND IDENTIFICATION

               A. VEGETATION:

                  1.  Forb and Grass Species         Ind-Status*       %Coverage       Rank
                      1.
                      2.
                      3.
                      4.
                      5.

            Do the dominant understory species indicate that the vegetation unit supports hydrophytic vegetation?

                      Yes           No              Inconclusive

                  2.  Shrub Species                  Ind-Status*       %Coverage       Rank
                      1 .
                      2.
                      3.
                      4.
                      5.

            Do the dominant shrub species indicate that the vegetation unit supports hydrophytic vegetation?
                      Yes           No             Inconclusive-
                  3.  Tree Species                   Ind-Status*       %Coverage       Rank
                      1 .
                      2.
                      3.
                      4.
                      5.

            Do the dominant tree species indicate that the vegetation unit supports hydrophytic vegetation?
                      Yes-          No              Inconclusive

              Indicator status for Region 9. See National List of Plant species that occur in Wetlands 1988:
            Washington, USFWS, 1988.


            Shoreline Management Guidebook - 1994








                    B. SOILS:

                        Soil Pit #11:


                        Series/Phase:
                        Subgroup:

                        1. Is the soil on the hydric soils list? Yes- No
                        2. Is the soil a histosol or have a histic epipedon? Yes- No
                        3. Is the soil:
                           a. Mottled? Yes__ No- N/A-
                                         Matrix Color                              Mottle Color
                           b. Gleyed? Yes   -      No      Not N/A-
                                          Grey Color
                           c. Saturated? Yes-              No
                           d. SulfurSmell? Yes-            No-
                           e. Entisol with Mottling? Yes-No
                        4. Other Indicators:




                        5. Does the sampling indicate the vegetation unit has hydric soils? Yes-No-



                        Soil Pit #2:


                        Series/Phase:
                        Subgroup:

                        1. Is the soil on the hydric soils list? Yes- No-
                        2. Is the soil a histosol or have a histic epipedon? Yes- No
                        3. Is the soil:
                           a. Mottled? Yes- No- N/A
                                        Matrix Color                               Mottle Color
                           b. Gleyed? Yes_ Nq_ Not N/A_
                                         Grey Color
                           c. Saturated? Yes- No
                           d. Sulfur Smell? Yes- No
                           e. Entisol with Mottling? Yes- No
                        4. Other Indicators:




                        5. Does the sampling indicate the vegetation unit has hydric soils? Yes             No


                    C.HYDROLOGY


                        1 .Does the area contain standing water? Yes- No
                        2. How deep is it?
                        3. Depth to Free-Standing Water in Hole:
                        4. Depth to Saturated Zone/Water Table:
                        5. List other field evidence of inundation or saturation (i.e., water marks, drift lines, relative bank
                           elevations):







                 Shoreline Management Guidebook - 1994                                                                    2






                 ro. Ar( there obvious sources of water for this site? (i.e., in flow from streams, spring systems,
                     rLooff areas, etc.)?

                     7

                  7.,Vhere does the water from this site drain to? (i.e., into a lake, river or estuary)


                   Are hydrologic indicators present or would they be expected to be present in the study area
                   during a significant part of the growing season? Yes- No                 Inclusive

                WETLAND IDENTIFICATION SUMMARY


                1. Is a predominance of wetland vegetation present? Yes-            No-       Inclusive
                2. Is hydric soil present?                               Yes-       No-       Inclusive-
                3. Is hydrology present?                                 Yes-       No        Inclusive
                4. Is the site a wetland?                                Yes-       No        Inclusive
                5. Has the site been disturbed?                          Yes-       No-       How




            DETERMINATION OF ORDINARY HIGH WATER MARK


                1. Is there a mark upon the bank with respect to vegetation? Yes- No
                   Describe:



                2. If no vegetation cover exists at site, the mark is the projected average elevation of adjacent lines
                  of vegetation?Yes                   No
                   Describe:



                3. If no vegetation close to site, look for a clear mark upon soil or pilings made by deposition of
                   detritus or algae or a clear scour line. Yes- No-
                   Describe:



                4. If no marks are evident, use nearest gauging data:
                   Source:
                   Elevation:
                   Data:




         111. DETERMINATION OF ASSOCIATED WETLANDS


            A.
                1 .Is the area 200 feet from the OHWM of the Shoreline on a horizontal plane?
                   Yes- No-
                2. Is any part of the wetland within a designated 100 year f loodplain of a Shoreline?
                   Yes- No-
                3. Is any part of the wetland within 200' of the OHWM of a Shoreline?
                   Yes- No-
                4. To determine wetland continuity, does it have:
                   a.     Continuous undrained hydric soil (Esp. organic)? Yes- No
                   b.     Continuous hydrophytic vegetation? Yes                          No-
                   C.     Direct surface or subsurface hydraulic connection? Yes- No




         Shoreline Management Guidebook - 1994                                                                           3







              B. For "Isolated" wetlands, the following will be used to determine proximity and influence for
                   association. The degree of influence depends on its significance within the watershed of the
                   Shoreline.
                   1. Is there evidence of a direct surface or subsurface hydraulic connection between the wetland
                     and the Shoreline? Yes                 No



                     Describe:

                   2. Are tidal influences present? Yes             No
                     a. Dunal system.
                     b. Beach system.
                     c. Presence of saft tolerant vegetation.
                     d. Interstitial soil salinity of greater than 0.5 parts per thousand.
                     e. Drift lines or piles.
                     f. Dendritic channel patterns.
                   3. Does the wetland provide water quality improvement? Yes- No
                     a. Water quality of the Shoreline is vulnerable to degradation (i.e., the shallow area is
                        impounded, has restricted flow, or there is evidence of existing water quality problems).
                     b. Specif ic pollutant source in watershed (point vs. nonpoint) which wetland buffers.

                   4. Does the wetland retain floodwaters? Yes- No
                     Describe the inlet and outlet:



                     a. What is the elevation difference between the wetland inlet and outlet?
                        (Getting at storage capacity)
                     b. What is the acreage of the wetland?                                                 acres
                     c. What is the size of the wetland in relation to the acreage of the Wetland Drainage Basin
                        (WDB)? (Significance of wetland size to attenuate peak flood in watershed)?
    is               d. What is the percentage of wetlands in the drainage basin that are urbanized? ____21o
                     e. What is the percentage of the wetlands drainage basin that are undergoing vegetation
                        removal or disturbance (e.g., agriculture, forestry, clearing, etc.)? -1/o
                     f. Hydrologic equilibrium is out of balance in watershed (head cutting, rechannelization,
                        general instability of channels and banks):
                     g. Location of the wetland in the drainage basin (in relation to the mouth of the basin):








          111. DETERMINATION OF ASSOCIATION (continued)

              5. Does the wetiand provide food chain support? Yes                   No
                   a. Plant community diversity (Cowardin class of Palustrine, Forested, Scrub-shrub, Emergent
                     and open water, Estuarine, etc.).
                   b. Plant species diversity.
                   c. Faunal diversity.
                   d. Anadromous or wild strain fish spawning, overwintering or rearing habitat.

                   e. Structural diversity - terrestrial (see 4e in policy guidelines under associated wetlands).

                   f. Structural diversity - aquatic (see 4f in policy guidelines under Associated Wetlands.







          Shoreline Management Guidebook - 1994                                                                   4








                    6. Does the wetland provide wildlife support? Yes- No
                       a. Habitat available for individual species?
                       b. Breeding/spawning habitat?
                       c. Overwintering habitat?
                    7. Does the wetland provide contiguous wildlife corridors? Yes          No
                       Describe:




                    C. Is this wetland proximate, based on your above assessment of influence? Yes- No-
                       Why?
























































                 Shoreline Management Guidebook - 1994                                                          5









                 Administrator's Manual - 1994 Edition








                 GLOSSARY



                 Accesso?y use - Any structure or use incidental and subordinate to a primary use or
                 development.

                 Accretion - The growth of a beach by the addition of material transported by wind and/or
                 water. Included are such shoreforms as barrier beaches, points, spits, hooks and tombolos.

                 Act - The Shoreline Management Act (Chapter 90.58 RCW and Chapter WAC 173-14-030(l)
                 WAC).

                 Adjacent lands - Lands adjacent to the shorelines of the state (outside of shoreline
                 jurisdiction). The SMA directs local governments to develop land use controls (i.e. zoning,
                 comprehensive planning) for such lands consistent with the policies of the SMA, related rules
                 and the local shoreline master program (see Chapter 90.58.340 RCW).

                 Administrator - The Cit y/County Manager, Planning Director, Public Works Director, etc. or
                 his/her designee, charged with the responsibility of administering the shoreline master
                 program.

                 Agriculture - The cultivation of the sod, production of crops, and/or raising of livestock,
                 including incidental preparation of these products for human use.

                 Alluvium - Unconsolidated fragmented material deposited by streams in river beds,
                 floodplains, lakes, fans at the foot of mountain slopes and estuaries.

                 Anadromousfish - Species, such as salmon, which are born in fresh water, spend a large part
                 of their lives in the sea and return to freshwater rivers and streams to procreate.

                 Appurtenance - A structure or development which is necessarily connected to the use and
                 enjoyment of a single-family residence and is located landward of the ordinary high water
                 mark and also of the perimeter of any marsh, bog, or swamp. (On a state-wide basis, normal
                 appurtenances include a garage, deck, driveway, utilities, fences and grading which does not
                 exceed two hundred fifty cubic yards [except to construct a conventional drainfield]) (see
                 WAC 173-14-040(lg)).

                 Aquaculture - The cultivation of fish, shellfish, and/or other aquatic animals or plants,
                 including the incidental preparation of these products for human use.

                 Archaeological - Having to do with the scientific study of material remains of past human life
                 and activities.



                 Glossary                                                                                   M-99










                  Administrator's Manual - 1994 Edition



                  Average grade level - The average of the natural or existing topography of the portion of the
                  lot, parcel, or tract of real property which wfll be directly under the proposed buflding or
                  structure; provided that in case of structures to be built over water, average grade level shall
                  be the elevation of ordinary high water. Calculation of the average grade level shall be made
                  by averaging the elevations at the center of all exterior walls of the proposed building or
                  structure (WAC 173-14-030(3)).

                  Backshore - The accretion or erosion zone, located landward of the fine of ordinary high tide,
                  which is normally wetted only by storm tides. It may take the form of a more or less narrow
                  storm berm (ridge of wave heaped sand and/or gravel) under a bluff or it may constitute a
                  broader complex of berms, marshes, meadows, or dunes landward of the line of ordinary high
                  tide. It is part of the littoral drift process along its seaward boundary.

                  Beach - The zone of unconsolidated material that is moved by waves, wind and tidal currents,
                  extending landward to the coastline.

                  Beach enhancementlrestoration - Process of restoring a beach to a state more closely
                  resembling a natural beach, using beach feeding, vegetation, drift sills and other nonintrusive
                  means as applicable.

                  Beachfeeding - Process of replenishing a beach by delivery of materials dredged or excavated
                  elsewhere.

                  Beach scarp - A steep slope produced by wave erosion.

                  Benthic organism - Organisms that live in or on the bottom of a body of water.

                  Berm - A linear mound or series of mounds of sand and/or gravel generally paralleling the
                  water at or landward of the line of ordinary high tide. Also, a linear mound used to screen an
                  adjacent activity, such as a parking lot, from transmitting excess noise and glare.

                  Best available technology (BAT) - The most effective method, technique, or product available
                  which is generally accepted in the field, and which is demonstrated to be reliable, effective and
                  preferably low maintenance.

                  Bioassay - Bioassays are laboratory tests involving exposure of select organisms to a sampling
                  of material to determine the potential for acute or chronic effects from such exposure.
                  Bioassays are typically run on potentially contaminated materials proposed for in-water
                  disposal, however, testing protocols are also available to assess dredged material proposed for
                  upland disposal.

                  Biofiltration system - A storm water or other drainage treatment system that utilizes as a
                  primary feature the ability of plant life to screen out and metabolize sediment and pollutants.
                  Typically, biofiltration systems are designed to include grassy swales, retention ponds and
                  other vegetative features.

                  Biota - The animals and plants that live in a particular location or region.



                  Glossary                                                                                     M-100









                  Administrator's Manual - 1994 Edition



                  Boathouse - A structure designed for storage of vessels located over water or in upland areas.
                  Boathouses should not be confused with "houseboats".

                  Boat launch or ramp - Graded slopes, slabs, pads, planks, or rails used for launching boats by
                  means of a trailer, hand, or mechanical device.

                  Bog - A wet, spongy, poorly drained area which is usually rich in very specialized plants,
                  contains a high percentage of organic remnants and residues and frequently is associated with
                  a spring, seepage area, or other subsurface water source. A bog sometimes represents the
                  final stage of the natural process of eutrophication by which lakes and other bodies of water
                  are very slowly transformed into land areas.

                  Breakwater - Offshore structure aligned parallel to shore, sometimes shore-connected, that
                  provides protection from waves.

                  Buffer area - A parcel or strip of land that is designed and designated to permanently remain
                  vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland
                  site from upland impacts, to provide habitat for wildlife and to afford limited public access.

                  Bulkhead - A solid wall erected generally parallel to and near the ordinary high water mark for
                  the purpose of protecting adjacent uplands from waves or current action.

                  CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act
                  ("Superfund"); 1986 amendments are known as Superfund Amendments and Reauthorization
                  Act or SARA.

                  Channel - An open conduit for water either naturally or artificially created, but does not
                  include artificiafly created irrigation, return flow, or stockwatering channels (WAC 173-14-
                  030(8b)). See also stream.

                  Chord diking - A means of utilizing small dikes or berms setback from the strearnway of a
                  river far enough to allow for the natural meandering and side channel formation to occur
                  'within the diked off corridor.

                  Clean Water Act - The primary federal law providing water pollution prevention and control;
                  previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq.

                  CFR - Code of Federal Regulations.

                  Clearing - The destruction or removal of vegetation ground cover, shrubs and trees including,
                  but not limited to, root material removal and/or topsoil removal.

                  Coastline - The line where terrestrial processes give way to marine processes, tidal currents,
                  wind waves, etc.

                  Commercialfeedlot - see Feedlot.




                  Glossary                                                                               M-101










                 Administrator's Manual - 1994 Edition



                 Community structure - A building, dock, or other structure which is intended for the common
                 use of the residents of a particular subdivision or community. It is not intended to serve as a
                 public facility.

                 Cottage industry or business (home occupation) - A commercial or fight industrial use which
                 is commonly conducted within a residence and/or appurtenance, which does not require the
                 construction of any new structures, parking areas, signs, etc. and which does not generate
                 significant additional traffic, noise, fumes, or glare.

                 Covered moorage - Boat moorage, with or without walls, that has a roof to protect the vessel.

                 Critical saltwater habitats - Kelp beds (members of the brown algal family Lan-dnariales
                 including Alaria mArg@inata, Ajaria Rana, Alaria tenuifoli Egregi menziesii Eisenia arborea,
                 Pte[ygophora califomic Agarum gdbosua Agaru fimbriatum                 st ri       t C athe
                                                                                   , Co a a cog" ya!
                 triplicata, Hedophyllum sessile Laminaria spp., Pleurophycus gardneri, DiMoneuro *
                                                                                                        P R s-
                 reticulat Dictyoneurum califomicum, Lessioniopsis littoralis Macrocystis integrifoli
                                                                                              I M!99D-I-I I i%
                 Nereocystis luetkeana and Postelsia plamaeformiA eelgrass beds (Zostera spp.), surf smelt
                 (Hypomesus p[gia5go spawning beds, Pacific herring (Clupea harengus pgllasi) spawning
                 beds, Pacific sand lance (Ammodvtes hexapterus) spawning beds, rock sole          epidopsetta
                 bilineata) spawning beds, rockfish (aebastes spp.) settlement and nursery areas, and lingcod
                 (Ophiodon LIongatus) settlement and nursery areas.

                 CZM,P - Coastal Zone Management Plan.

                 Degrade - To scale down in desirability or salability, to impair in respect to some physical
                 property or to reduce in structure or function.

                 Delta - see River Delta.

                 Development - A use consisting of the construction or exterior alteration of structures;
                 dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading;
                 driving of piling; placing of obstructions; or any project of a permanent or temporary nature
                 which interferes with the normal public use of the surface of the waters of the state subject to
                 Chapter 90.58 RCW at any state of water level (RCW 90.58.030(3d)).

                 DNS - Detern-dnation of Nonsignificance, under SEPA.

                 Dolphin - A cluster of piles bound together.

                 Downdrift - The direction of movement of beach materials.

                 Dredge spoil - The material removed by dredging. Same as Dredge Material.

                 Dredging - Excavation or displacement of the bottom or shoreline of a water body.
                 Dredging can be accomplished with mechanical or hydraulic machines. Most dredging is done
                 to maintain channel depths or berths for navigational purposes; other dredging is for shellfish
                 harvesting or for cleanup of polluted sediments.



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                   Drift sector - A particular reach of marine shore in which littoral drift may occur without
                   significant interruption, and which contains any and all natural sources of such drift, and also
                   any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these
                   shore process elements: feeder bluff or estuary, driftway, littoral drift and accretion
                   shoreform.

                   Drift sills - Small groins which hold sediments in place without blocking longshore drift.

                   Driftway - That portion of the shore process corridor, primarily that lower backshore and the
                   upper intertidal area, through which sand and gravel are transported by the littoral drift
                   process. It is the critical fink between the feeder bluff and the accretion shoreform.

                   Dune - A hill or ridge of sand piled up by the wind and/or wave action.

                   EA - Environmental Assessment, under SEPANEPA.

                   EcoloSy (WDOE) - The Washington State Department of Ecology. Use of "Ecology" or
                   "ATOE" is preferred over "DOE" to avoid confusion with the federal Department of Energy.

                   EIS - Environmental Impact Statement.

                   Emergency - 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. Emergency construction is construed narrowly as that which is
                   necessary to protect property from the elements (RCW 90.58.030(3eiii) and WAC 173-14-
                   040(l d)).

                   Enhancement - Alteration of an existing resource to improve or increase its characteristics and
                   processes without degrading other existing functions. Enhancements are to be distinguished
                   from resource creation or restoration projects.

                   Erosion - The wearing away of land by the action of natural forces.

                   Estuary - The zone or area of water in which freshwater and saltwater mingle and water is
                   usually brackish due to daily mixing and layering of fresh and salt water. Estuarine shores are
                   rich in aquatic and other bird and animal life, and in their natural condition are the most
                   productive of all shoreline habitats in terms of the marine food chain.

                   Exemption - Certain specific developments as fisted in WAC 173-14-040 are exempt from the
                   definition of substantial developments are therefore exempt from the substantial development
                   permit process of the SMA. An activity that is exempt from the substantial development
                   provisions of the SMA must still be carried out in compliance with policies and standards of
                   the Act and the local master program. Conditional use and/or variance permits may also still
                   be required even though the activity does not need a substantial development permit (RCW
                   90.58.030(3e); WAC 173-14-030(6) and -040).





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                Extreme low tide - means the lowest line on the land reached by a receding tide (RCW
                90.58.030(2a)).

                Factory built housing - A single family residential structure constructed in a factory of factory
                assembled parts and transported to the building site in whole or in units which meets the
                requirements of the Uniform Building Code. The completed structure is not a
                mobile/manufactured home.

                Fair market value - The expected price at which the development can be sold to a %killing
                buyer. For developments which involve nonstructural operations such as dredging, drilling,
                dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform
                the operation or where no such value can be calculated, the total of labor, equipment use,
                transportation and other costs incurred for the duration of the permitted project (WAC 173-
                14-030(7)).

                FCAAP - Flood Control Assistance Account Program.

                FCZ&M - Federal Coastal Zone Management Act.

                Feeder bluff, erosional bluff - Any bluff (or cliff) experiencing periodic erosion from waves,
                sliding or slumping, whose eroded earth, sand or gravel material is naturally transported
                (littoral drift) via a driftway to an accretion shoreform. These natural sources of beach
                material are limited and vital for the long term stability of driftways and accretion shoreforms.

                Feedlot - An enclosure or facility, of any size, used or capable of being used for confinement
                feeding of livestock hay, grain, silage, or other livestock feed, but shall not include land for
                growing crops or pasture for livestock feeding and/or grazing, nor shall it include normal
                livestock wintering operations (RCW 90.58.030(3eiv); WAC 173-14-040(le)).

                Fetch length - The horizontal distance along open water over which the wind blows and
                generates waves.

                Floating home - A structure designed and operated substantially as a permanently based over
                water residence. Floating homes are not vessels and lack adequate self-propulsion and
                steering equipment to operate as a vessel. They are typically served by permanent utilities and
                semipermanent anchorage/moorage facilities. See also houseboat.

                Floodplain - Synonymous with 100-year floodplain. The land area susceptible to being
                inundated by stream derived waters with a I percent chance of being equaled or exceeded in
                any given year. The limits of this area are based on flood regulation ordinance maps or a
                reasonable method that meets the objectives of the SMA (WAC 173-22-030(2)).

                Floodway - Those portions of the area of a river valley lying strearnward from the outer limits
                of a watercourse upon which flood waters are carried during periods of flooding that occur
                with reasonable regularity, although not necessarily annuafly, said floodway being identified,
                under normal conditions, by changes in surface soil conditions or changes in types or quality
                of vegetative ground cover conditions. The floodway does not include lands that can


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                   reasonably be expected to be protected from flood waters by flood control devices maintained
                   by or maintained under license from the federal government, the state, or a political
                   subdivision of the state. The limits of the floodway are based on flood regulation ordinance
                   maps or by a reasonable method which meets the objectives of the SMA (RCW
                   90.58.030(2g)- WAC 173-22-030(3)).
                                 V

                   FONSI - Finding of No Significant Impact, under NEPA.

                   Foreshore - In general terms, the beach between mean higher high water and mean lower low
                   water.


                   Forestpractices - Any activity conducted on or directly related to forest land and relating to
                   growing, harvesting, or processing timber. These activities include but are not limited to:
                   road and trail construction, final and intermediate harvesting, precommercial thinning,
                   reforestation, fertilization, prevention and suppression of disease and insects, salvage of trees
                   and brush control. See WAC 222-16-010(21).

                   Gabions - Structures composed of masses of rocks, rubble or masonry held tightly together
                   usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas
                   to retard wave action or as foundations for breakwaters or jetties.

                   Grading - The physical manipulation of the earth's surface and/or drainage pattern in
                   preparation for an intended use or activity.

                   Grassy Swale - A vegetated drainage channel that is designed to remove various pollutants
                   from storm water runoff through biofiltration.

                   Guidelines - Those provisions contained in Chapter 173-16 WAC entitled "Shoreline
                   Management Act Guidelines for Development of Master Programs". The Guidelines were
                   adopted 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. This state law also provides criteria to local
                   governments and the Washington State Department of Ecology in developing and amending
                   master programs.

                   Groin (also referred to as a spur dike or rock weir) - A barrier-type structure extending from
                   the backshore or stream bank into a water body for the purpose of the protection of a
                   shoreline and adjacent upland by influencing the movement of water and/or deposition of
                   materials.

                   Habitat - The place or type of site where a plant or animal naturally or normally lives and
                   grows.

                   Height - The distance measured from the average grade level to the highest point of a
                   structure: Provided, That television antennas, chimneys and similar appurtenances shall not be
                   used in calculating height, except where it obstructs the view of a substantial number of
                   residences on areas adjoining such shorelines (or the master program provides otherwise):




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               Provided further, That temporary construction equipment is excluded in this calculation
               (WAC 173-14-030(9)).

               High energy riverine - This term includes river systems with dry summer/heavy winter
               flowing, and excludes flash flooding riverswith extreme event channel formation.

               Hook - A split or narrow cape of sand or gravel which turns landward at ifs outer end.

               Houseboat - A vessel, principally used as an over water residence. Houseboats are licensed
               and designed for use as a mobile structure with detachable utilities or facilities, anchoring and
               the presence of adequate self-propulsion and steering equipment to operate as a vessel.
               Principal use as an over-water residence means occupancy in a single location, for a period
               exceeding two months in any one calendar year. This definition includes liveaboard vessels.

               BPA - Hy&aulic Project Approval. The permit issued by the Washington State Departments
               of Fisheries or Wildlife pursuant to the State Hydraulic Code Chapter 75.20.100-140 RCW.

               Hydric soils - Generally, soils which are, or have had a history of being, wet long enough to
               periodically produce anaerobic conditions, thereby influencing the growth of plants (WAC
               173-22-030(5)).

               Hydrophytes - Those plants capable of growing in water or on a substrate that is at least
               periodically deficient in oxygen as a result of excessive water content (WAC 173-22-030(5)).

               In-kind replacement - To replace wetlands, biota or other organisms with substitute flora or
               fauna whose characteristics closely match those destroyed, displaced or degraded by an
               activity.

               Interestedparty - Synonymous -with "party of record", and means all persons who have
               notified local government of their desire to receive a copy of the final order on a permit under
               WAC 173-14-070 (WAC 173-14-030(12)).

               Intertidal - The substratum from the extreme low water of spring tides to the upper limit of
               spray or influence of ocean-driven salts. It includes all land that is sometimes submerged, but
               sometimes exposed to air. Source: M. N. Dethier, A Marine and Estuarine Habitat
               Classification Systemfor Washington State 10 (Department of Natural Resources,
               Washington Natural Heritage Program@ 1990).

               Jetty - A structure(s) usually projecting out into the sea at the mouth of a river for the purpose
               of protecting a navigation channel, a harbor or to influence water currents.

               Lacustrine (also lacustrian) - Of, on, or pertaining to lakes.

               Lake - A body of standing water in a depression of land or expanded part of a river, including
               reservoirs, of twenty (20) acres or greater in total area. A lake is bounded by the ordinary
               high water mark or, where a stream enters a lake, the extension of the elevation of the lake's




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                  ordinary high water mark within the stream (RCW 90.5 8.63 0(1 d); WAC 173 -20-03 0; WAC
                  173-22-030(4)).

                  Levee - A large dike or embankment, often having an access road along the top, which is
                  designed as part of a system to protect land from floods.

                  Liberal construction - A legal concept instructing parties interpreting a statute to give an
                  expansive meaning to terms and provisions within the statute. The goal of liberal construction
                  is to give full effect in implementing a statutes requirements. See RCW 90.58.900.

                  Littoral - Living on, or occurring on, the shore.

                  Littoral drift - The mud, sand, or gravel material moved parallel to the shoreline in.the
                  nearshore zone by waves and currents.

                  Liveaboard vessel - See "houseboat".

                  Marine travel lift - A mechanical device that can hoist vessels off trailers and transport them
                  into the water. Often associated with dry land moorage.

                  Marine railway - A set of steel rails running from the upland area into the water upon which a
                  cart or dolly can carry a boat to be launched.

                  Marshes - Soft, wet area periodically or continuously flooded to a shallow depth, usually
                  characterized by a particular subclass (monocotyledons) of grasses, cattails and other low
                  plants.

                  Marshes, Bogs and Swamps - Lands transitional between terrestrial and aquatic systems
                  where saturation with water is the dominant factor determining plant and animal communities
                  and soil development. Such lands must have one or more of the following attributes: a) at
                  least periodically, the land supports predon-dnately hydrophytes; and/or b) the substrate is
                  predominately undrained hydric soil (WAC 173-22-030 (5)). See also hydrophyte, hydric soil.

                  Mean higher high tide WHT) - The arithmetic mean of the higher of two daily high tides
                  calculated from the most recent nineteen-year tidal cycle.

                  Merchantable trees - All live trees 8 inches in diameter at breast height (DBH) and larger
                  unless documentation of current, local market conditions are submitted and accepted by the
                  local jurisdiction indicating nonmarketablility. "Merchantable trees" shall not include trees
                  smaller than 4 inches DBH.

                  Midden - An ancient refuse heap. Since much of what archaeologists have discovered about
                  the past is based on what man has lost or discarded as no longer useful, n-dddens are a very
                  valuable source of material.

                  Mitigation - The process of avoiding, reducing, or compensating for the environmental
                  impact(s) of a proposal. See WAC 197-11-768.



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                Mobilelmanufactured home - A residential unit on one or more chassis for towing to the point
                of use and designed to be used with a foundation as a single fan-Lily dwelling unit on a year
                around basis. A commercial coach, recreational vehicle or motor home are not
                mobile/manufactured homes.

                Mooring buoy - A floating object anchored to the bottom of a water body that provides tie up
                capabilities for vessels.

                Mulching - The addition of organic materials (e.g. woodchips, sawdust, straw, grass clippings,
                or compost, etc.) to bare soils or in planting beds.

                Multi-fwnily dwelling (or residence) - A building containing two or more dwelling units,
                including but not limited to duplexes, apartments and condominiums.

                Natural riparian habitat corridor - The streamside environment designed and maintained
                primarily for fisheries and wildlife habitat, water quality improvements and secondarily for
                flood control works, while allowing controlled public access to avoid damage to the resource.

                NEPA - National Environmental Policy Act. NEPA requires federal agencies to consider
                environmental factors when making decisions, especially for development proposals of a
                significant scale. As part of the NEPA process, EISs are prepared and public comment is
                solicited.

                NFIP - National Flood Insurance Program.

                NOAA - National Oceanic and Atmospheric Administration.

                Nonconforming development - A shoreline use or structure which was lawfWly constructed or
                established prior to the effective date of the applicable SMA/SN1P provision, and which no
                longer conforms to the applicable shoreline provisions (WAC 173-14-055(l)).

                Normal maintenance - Those usual acts to prevent a decline, lapse, or cessation from a
                lawfully established condition (WAC 173-14-040(lb)). See also normal repair.

                Normal protective bulkhead - A bulkhead, common to single-family residences, constructed at
                or near the ordinary high water mark to protect an existing single-family residence, and which
                sole purpose is for protecting land from erosion, not for the purpose of creating new land
                (WAC 173-14-040(lc)).

                Normal repair - To restore a development to a state comparable to its original condition
                vAthin a reasonable period after decay or partial destruction except where repair involves total
                replacement which is not common practice or causes substantial adverse effects to the
                shoreline resource or environment (WAC 173-14-040(lb)). See also normal maintenance.

                OCS - Outer Continental Shelf






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                 Off-site replacement - To replace wetlands or other shoreline environmental reources away
                 from the site on which a resource has been impacted by a regulated activity.

                 OHWM, Ordinary High Water Mark - That mark that will be found by examining the bed and
                 banks and ascertaining where the presence and action of waters are so common and usual, and
                 so long continued in all ordinary years, as to mark upon the soil a character distinct from that
                 of the abutting upland, in respect to vegetation as that condition exists on June 1, 197 1, as it
                 may naturally change thereafter, or as it may change thereafter in accordance with permits
                 issued by a local government or the department: Provided, That in any area where the
                 ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water
                 shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh
                 water shall be the line of mean high water. See RCW 90.58.030(2)(b) and WAC 173-22-
                 030(6).

                 On-site replacement - To replace wetlands or other shoreline environmental reosurces at or
                 adjacent to the site on which a resource has been impacted by a regulated activity.

                 Out-of-kind replacement - To replace wetlands or other shoreline environmental resources
                 with substitute wetlands whose characteristics do not closely approximate those destroyed or
                 degraded by a regulated activity.

                 Oil separator - Specialized catch basins that are designed to trap oil and other materials
                 lighter than water in the basin while allowing the water to escape through the drainage system.
                 Commonly employed in parking lots and streets.

                 Perched beach - A beach or fillet of sand retained above the otherwise normal profile level by
                 a submerged dike or sill.

                 Percolation - Water seepage through spaces between sediment particles or through porous
                 structures.


                 Perforatedpipe - Plastic pipe containing an array of holes used to facilitate drainage of
                 otherwise impervious soils.

                 Periodic - Occurring at regular intervals.

                 Person - An individual, partnership, corporation, association, organization, cooperative,
                 public or municipal corporation, or agency of the state or local governmental unit however
                 designated (RCW 90.58.030(ld)).

                 Pocket beach - An accretion beach which does not depend on littoral drift accretion. It
                 depends on the erosion of immediately adjacent sources. In rare instances a pocket beach may
                 also be a berm beach.

                 Point - A low profile shoreline promontory of more or less triangular shape, the top of which
                 extends seaward. A point may be the wavecut shelf remnant of a headland bluff or a purely
                 accretional. deposit which began as a hooked spit and became a point by subsequently closing



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                 Administrator's Manual - 1994 Edition


                 the lagoon gap between the headland and the tip of the hook. Points are characterized by
                 converging berms that normally enclose a lagoon, marsh, or meadow, depending on the point's
                 stage of development.

                 Port - Any harbor area which is largely devoted to marine commerce, shipping and cargo
                 handling or a special purpose unit of local government created for the purpose of managing
                 port related lands, facilities and activities.

                 Practicable alternative - An alternative that is available and capable of being carried out after
                 taking into consideration short-term and long-term cost, options of project scale and phasing,
                 existing technology and logistics in light of overall project purposes. It may include an area
                 not owned by the applicant which could reasonably have been or be obtained, utilized,
                 expanded, or managed in order to fulfill the basic purpose of the proposed activity.

                 Public interest - The interest shared by the citizens of the state or community at large in the
                 affairs of government, or some interest by which their rights or liabilities are affected such as
                 an effect on public property or on health, safety, or general welfare resulting from a use or
                 development (WAC 173-14-030(14)).

                 RCW- Revised Code of Washington.

                 Recreational vehicle - A vehicle licensed, designed and operated for recreational purposes as
                 temporary living quarters, which has a means of self-propulsion or is readily towable by a car
                 or pickup truck, and is not used as a residence in any one location for extended periods of
                 time (i.e. more than three months).

                 Residential development - Development which is primarily devoted to or designed for use as a
                 dwelling(s).

                 Restoration - To revitalize or reestablish characteristics and processes of a wetland or habitat
                 diminished or lost by past alterations, activities, or catastrophic events.

                 Revetment - Facing of stone, concrete, etc., built to protect a scarp, embankment, or shore
                 structure against erosion by waves of currents.

                 Riparian - Of, on, or pertaining to the banks of a river.

                 Riparian management zone - A specified area alongside a shoreline where specific measures
                 are set out in the Forest Practice Regulations to protect water quality and fish and wildlife
                 habitat. The zone is a minimum of 25 feet wide, measured horizontally from the ordinary high
                 water mark, and can be up to 100 feet wide depending on the width of the stream and the
                 'width of the wetland vegetation adjacent to the stream (see WAC 222-30).

                 Riprap - A layer, facing, or protective mound of stones placed to prevent erosion, scour, or
                 sloughing of a structure or embankment; also, the stone so used.





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                   River delta - Those lands formed as an aggredational feature by stratified clay, silt, sand and
                   gravel deposited at the mouths of streams where they enter a quieter body of water. The
                   upstream extent of a river delta is that limit where it no longer forms distributary channels
                   (WAC 173-22-030(7)).

                   Runoff - Water that is not absorbed into the soil but rather flows along the ground surface
                   following the topography.

                   Salmon and Steelhead Habitats - Gravel bottomed streams, creeks, and rivers used for
                   spawning; streams, creeks, rivers, side channels, ponds, lakes, and wetlands used for rearing,
                   feeding, and cover and refuge from predators and high water; streams, creeks, rivers,
                   estuaries, and shallow areas of saltwater bodies used as migration corridors; and salt water
                   bodies used for rearing, feeding, and refuge from predators and currents.

                   Salt tolerant vegetation - Vegetation which is tolerant of interstitial soil salinities greater than
                   or equal to 0. 5 parts per thousand.

                   Scarification - Loosening the topsoil and/or disrupting the forest floor in preparation for
                   regeneration.

                   Seawall - A structure separating land and water areas primarily to prevent erosion and other
                   damage by wave action. Generally more massive and capable of resisting greater wave forces
                   than a bulkhead.


                   Seaward - To or toward the sea.

                   Sediment - The fine grained material deposited by water or wind.

                   Selective timber cutting - Removing individual trees scattered throughout the subject area.
                   The unharvested trees should be as evenly distributed as possible throughout the shoreline
                   area and should be representative of the species and size classes of the preharvest stand.

                   SEPA (State Environmental PolicyAct) - SEPA requires state agencies, local governments
                   and other lead agencies to consider enviromnental factors when making most types of permit
                   decisions, especially for development proposals of a significant scale. As part of the SEPA
                   process, EISs may be required to be prepared and public comments solicited.

                   Setback - A required open space, specified in shoreline master programs, measured
                   horizontally upland fi7orn and perpendicular to the ordinary high water mark.

                   Shoreline environment designations - The categories of shorelines established by local
                   shoreline master programs in order to provide a uniform basis for applying policies and use
                   regulations within distinctively different shoreline areas. The basic recommended system
                   classifies shorelines into four distinct environments (natural, conservancy, rural and urban).
                   See WAC 173-16-040(4).





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                Shorelinejurisdiction - The term describing all of the geographic areas covered by the SMA,
                related rules and the applicable master program. Also, such areas within a specified local
                government's authority under the SMA. See definitions of 'I  shorelines", "shorelines of the
                state", "shorelines of state-wide significance" and "wetlands, jurisdictional".

                Shoreline Master Program (SMP) - The comprehensive use plan and related use regulations
                which are used by local governments to administer and enforce the permit system for shoreline
                management. Master programs must be developed in accordance with the policies of the
                SMA, be approved and adopted by the state, and be consistent with the rules (WACs)
                adopted by Ecology.

                Shoreline permit - A substantial development, conditional use, revision, or variance permit or
                any combination thereof (WAC 173-14-030(13)).

                Shorelines - All of the water areas of the state, including reservoirs and their associated
                uplands, together with the lands underlying them, except those areas excluded under RCW
                90.58.030(2)(d). See RCW 90.58.030 (2)(d) and WAC 173-18, 173-19 and 173-22.
                                                 0
                Shorelines Hearings Board (SHB) - A six member quasi-judicial body, created by the SMA,
                which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement
                penalty and appeals by local government on Ecology approval of master programs, rules,
                regulations, guidelines or designations under the SMA. See RCW 90.58.170; 90.58.180; and
                WAC 173-14-170; 173-14-174.

                Shorelines of state-wide significance - A select category of shorelines of the state, defined in
                RCW 90.58.030(2)(e), where special policies apply. See RCW 90.58.020.

                Shorelines of the state - Shorelines and shorelines of state-wide significance.

                Sign - A board or other display containing words and/or symbols used to identify or advertise
                a place of business or to convey information. Excluded from this definition are signs required
                by law and the flags of national and state governments.

                Single-family residence (SFR) - A detached dwelling designed for and occupied by one family
                including those structures and developments within a contiguous ownership which are a
                normal appurtenance (WAC 173-14-040(lg)).

                Slash - The organic debris which is produced by logging operations.

                SMA - The Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.

                Soil bioengineering - An applied science that combines structure, biological and ecological
                concepts to construct living structures that stabilizes the soil to control erosion, sedimentation
                and flooding using live plant materials as a main structural component.






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                   Spit - An accretion shoreform. which extends seaward from and parallel to the shoreline. They
                   are usually characterized by a wave-built berm on the windward side and a more gently
                   sloping, muddy or marshy shore on the leeward side. A curved spit is normally called a hook.

                   Stream - A naturally occurring body of periodic or continuously flowing water where: a) the
                   mean annual flow is greater than twenty cubic feet per second and b) the water is contained
                   within a channel (WAC 173-22-030(8)). See also channel and tidal water.

                   Streamway - A general term describing the bed and banks of a stream.

                   Structure - A permanent or temporary edifice or building, or any piece of work artificially
                   built or composed of parts joined together in some definite manner, whether installed on,
                   above or below the surface of the ground or water, except for vessels (WAC 173-14-03015)).

                   Subdivision - The division or redivision of land, including short subdivision -for the purpose of
                   sale, lease or conveyance.

                   Substantial development - Any development of which the total cost or fair market value
                   exceeds two thousand five hundred dollars, or any development which materially interferes
                   with the normal public use of the water or shorelines of the state; except as specifically
                   exempted pursuant to RCW 90.58.030(3e) and WAC 173-14-040. See also definition of
                   "development" and "exemption".

                   Subtidal - Any substratum that is constantly submerged. Source: M. N. Dethier, A Marine
                   and Estuarine Habitat Classification Systemfor Washington State I I (Department of Natural
                   Resources, Washington Natural Heritage Program, 1990).

                   Surge plains - Riverine areas where salt water meets freshwater, extending upstream as far as
                   tidal influence.

                   Swainp - A depressed area flooded most of the year to a depth greater than that of a marsh
                   and characterized by areas of open water amid soft, wetland masses vegetated with trees and
                   shrubs. Extensive grass vegetation is not characteristic.

                   Terrestrial - Of or relating to land as distinct from air or water.

                   Tidalflats - Marshy or muddy areas of the seabed which are covered and uncovered by the
                   rise and fall of tidal water.

                   Tidalprism - The volume of water present between mean low and mean high tide.

                   Tidal range - The difference in height between consecutive high- and low- tides.

                   Tidal water - Includes marine and estuarine waters bounded by the ordinary high water mark.
                   Where a stream enters the tidal water, the tidal water is bounded by the extension of the
                   elevation of the marine ordinary high water mark within the stream (WAC 173-22-030(9)).




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                Tidelands - Land on the shore of marine water bodies between the line of ordinary high tide
                and the line of extreme low tide.

                Tombolo - A causeway-like accretion spit that connects an offshore rock or island to the main
                shore, or to another island.

                Undrained hydric soils - Those soils which are wet long enough to periodically produce
                anaerobic conditions, thereby influencing the growth of plants. See WAC 173-22-030(5).

                Upland - Generally described as the dry land area above and landward of the OHWM.

                USC - United States Code.

                Variance - A means to grant relief from the specific bulk, dimensional or performance
                standards specified in the applicable master program. Variance permits must be specifically
                approved, approved with conditions, or denied by Ecology (See WAC 173-14-150).

                Vessel - Ships, boats, barges, or any other floating craft which are designed and used for
                navigation and do not interfere with normal public use of the water (WAC 173-14-030(18)).

                WAC - Washington Administrative Code.

                Water-bar - A diversion ditch and/or hump in a trail or road for the purpose of carrying
                surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not
                gain the volume and velocity which cause soil movement and erosion.

                Water-dependent - A use or a portion of a use which can not exist in any other location and is
                dependent on the water by reason of the intrinsic nature of its operations. Examples of water-
                dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals,
                barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane
                facilities and sewer outfalls.

                Water-etyoyment - A recreational use, or other use facilitating 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 the location, design and operation assures 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.
                Primary water-enjoyment uses may include, but are not limited to, parks, piers and other
                improvements facilitating public access to shorelines of the state; and general water-enjoyment
                uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological
                reserves, resorts and mixed-use commercial; PROVBDED, that such uses conform to the
                above water-enjoyment specifications and the provisions of the master program.

                Water-oriented - Refers to any combination of water-dependent, water-related, and/or water
                enjoyment uses and serves as an all encompassing definition for priority uses under the SNIA.


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                     Non-water-oriented serves to describe those uses which have little or no relationship to the
                     shoreline and are not considered priority uses under the SMA. Examples include professional
                     offices, automobile sales or repair shops, @nini-storage facilities, multi-family residential
                     development, department stores and gas stations.

                     Water-related - A use or a portion of a use which is not intrinsically dependent on a
                     waterfront location but whose economic viability is dependent upon a waterfront location
                     because:

                     1 .     of 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,

                     2.      the use provides a necessary service supportive of the water-dependent commercial
                             activities and the proximity of the use to its customers makes its services less
                             expensive and/or more convenient. Examples include manufacturers of ship parts
                             large enough that transportation becomes a significant factor in the products cost,
                             professional services serving primarily water-dependent activities and storage of
                             water-transported foods. Examples of water-related uses may include warehousing of
                             goods transported by water, seafood processing plants, hydroelectric generating
                             plants, gravel storage when transported by barge, oil refineries where transport is by
                             tanker and log storage.

                     Wave difftaction - The phenomenon by which wave energy passes around barriers (such as
                     breakwaters and jetties) and through narrow openings to spread into sheltered areas.

                     Wave direction - The direction from which waves approach an observer.

                     Wetlands -


                     *NOTE. For    regulatory purposes, local governments are encouraged to make a distinction
                     in their master programs between the definition of wetlands used in the SMA (that technically
                     includes dry upland areas), and biological wetlands that address only associated marshes,
                     bogs, and swamps.

                     In addition, when defining wetlands as used in a master program, local government needs to
                     be clear as to the extent of &Wjurisdiction infloodplain areas. RCW90.58.030(2)(1) gives
                     discretion to local government to "determine that portion of the one-hundred-yearfloodplain
                     to be included in its master program as long as such portion includes, as a minimum, the
                     floodw@ and the adjacent land extending landward two hundedfeet thereftom ". Ae
                     definition ofjurisdictional wetlands presented below represents the minimum allowable area
                     that must be covered by a masterprogram. If coverage of the entirefloodplain area is
                     desired, the jurisdictional welland definition should be revised to read ".. as measured on a
                     horizontal planeftom the ordinary high water mark; configuousfloodplain areas; and all
                     marshes, bogs and swamps... " Local government must either cover the minimum required
                     (see definition below), the maximum allowable (the entirefloodplain), or something
                     (specifically spelled out) in between.



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                Wetlands, jurisdictional - Those areas extending landward for two hundred feet in all
                directions, as measured on a horizontal plane ftom the ordinary high water mark; floodways
                and contiguous floodplain areas landward two hundred feet from such floodways; and all
                marshes, bogs and swamps and river deltas associated with the streams, lakes and tidal waters
                subject to the Shoreline Management Act (RCW 90.58). For the purposes of this master
                program, the term "associated wetlands" includes biological wetlands and other dry upland
                areas contained within SMA jurisdiction. This definition has the same meaning as "wetlands
                or wetland areas" as defined in RCW 90.58.030(2)(0.

                Wetlands, biological - Those areas defined in WAC 173-22-030(5) as "mashes, bogs, and
                swamps". For the purposes of this master program, the terms "biological wetland" or "marsh,
                bog, or swamp" are used as a subcategory of "jurisdictional wetlands" and are analogous to
                the term "wetland", as commonly used.

                Wetland mitigation - Avoiding and minimizing adverse impacts to wetlands, including, in the
                following order of preference:

                (1)      Avoiding the impact altogether by not taking a certain action or parts of an action;

                (2)      Minim@izing impacts by limiting the degree or magnitude of the action and its
                         implementation, by using appropriate technology, or by taking affirmative steps to
                         avoid or reduce impacts;

                (3)      Rectifying the impact by repairing, rehabilitating, or restoring the affected
                         environment;

                (4)      Reducing or eliminating the impact over time by preservation and maintenance
                         operations during the life of the action; and

                (5)      Compensating for the impact by replacing, enhancing, or providing substitute
                         resources or environments.

                Wind rose - A diagram illustrating the frequency, velocity and direction of wind at a specific
                location.

                Zoning - To designate by ordinance, including maps, areas of land reserved and regulated for
                specific land uses.














                Glossary                                                                                       M-1 16









                       Administrators Manual - 1994 Edition







                       INDEX



                       A

                       Abandoned,64
                       Adjacent lands, 27
                       Affidavit, 70, 78
                       Appeals
                           permits, 83
                           federal activities, 33
                       Appurtenance, 58
                       Associated marshes, bogs, and swamps, 22-27
                           identifying, 42-47, Appendix 8

                       B

                       Bulkheads, 59

                       C

                       Clean Water Act, 93, 31
                       Compensation
                           takings, 2
                       Conditional use permit, 51, 53, 65-67
                           review process, 78, 72
                       Conditions
                           reasonableness, 77
                       Culverts
                           jurisdictional, 38

                       D

                       Demolition of structures, 54
                       Development, 52-54
                       Due process, 1

                       E

                       Enforcement, 86
                       Estuaries, 40
                       Exemptions, 55-63


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              F

              Federal Coastal Zone Management Act, 92, 10, 31
              Federal consistency certification, 10, 32
              Flood Plain Management Program, 96
              Floodplain, 15
              Floodway, 15
              Forest Practices Act, 95

              G

              Geographic applications of the SMA, 13
              Grandfathered, 64

              H

              Hearings, 71
              Hydraulic project approval, 93
              Hydric soil, 44, 47
              Hydrology, 44



              Incremental exemptions, 63
              Indian reservations, 34
              Influence,43-44
              Interested party, 70

              L

              Lakes, 4, 20, 40
              Legal Foundation of the SMA, I
              Letter of exemption, 63

              M

              Model Toxics Control Act, 96

              N

              National Environmental Policy Act (NEPA), 89
              National Oceanic and Atmospheric Administration (NOAA), 10
              Navigational aids, 60
              NEPA, 89
              Non-SMA waters, 20, 47
              Non-water-oriented use, 6
              Nonconforming developments, 63


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                        0

                        Ordinary high water mark, 26, 27, 36-42, Appendix 8
                            estuaries, 40
                            lakes, 40
                            marine shorelines, 41
                            rivers, streams, creeks, 39

                        P

                        Permit review process, 71-79
                            public notice, 76
                            waiting period, 76
                        Permits
                            appeals, 83
                            application form, Appendix 2
                            application subn-dttal requirements, 49-5 1, Appendix I
                                cross sections, 50
                                locations and dimensions, 50
                            conditions, 76-77, 82
                            forest practices, 95
                            pre-application meeting, 48
                            recording of conditions on the title, 76
                            remanding, 85-86
                            request for review, 84
                            rescinded, 83
                            review process, 71-79
                            revisions, 79
                            scope and intent, 79-80
                            substantial progress, 81-82
                        Permitted outright, 62
                        Police power, I
                        Policy of the Shoreline Management Act, 5
                        Pre-application meeting, 48
                        Pre-existing uses, 63-65
                        Preferred uses, 5-8
                        Preloading, 61
                        Priority uses, 5-8
                        Proximity, 43-44
                        Public notice, 70-71
                            permits, 76
                            revised permits, 81
                        Public Trust Doctrine, 1, 3





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             Administrators Manual - 1994 Edition



             R

             RCW 90.58.030(2)(b), 36
             Rivers, 4, 20, 39

             S

             Section 10/404 permits, 92, 10
             SEPA, 89, 51
                 categorical exemptions, 90
             Setbacks, 37
             Shoreline jurisdiction, 4, 13-19, 22-27
             Shorelines, 20
             Shorelines Hearings Board, 83-88
             Shorelines of state-wide significance, 9, 20-22
                 lakes, 20
                 rivers, 20
                 timber harvesting, 95
             Shorelines of the state, 20
             Short plats, 60, 61
             Spec houses, 58
             State Environmental Policy Act (SEPA), 89, 51
             Streams, 4, 20 39
             Subdivisions, 60, 61
             Substantial development, 52-54
             Surcharge fill, 61

             T

             Takings, 2-3
             Temporary structures, 62

             V

             Variance permit, 51, 53, 67-70
                 review process, 78, 72

             W

             WAC 173 -22-03 0(6), 3 6
             Water quality certification, 93
             Water-dependent use, 7
             Water-enjoyment use, 7
             Water-oriented use, 6
                                                                                                                     0




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     0                 Water-related use, 7
                       Wetlands
                           biological, see associated marshes, bogs, and swamps
                           jurisdictional, see shoreline jurisdiction



















     0











    0



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   .0











   0







                  . 01111                  -
                     3 6668 0 004 3820 1
  0.              '1 -