Revised Code of Washington - RCW Title 90 Water Rights -- Environment - Chapter 90.58 Shoreline Management Act Of 1971

90.58.010 Short title
This chapter shall be known and may be cited as the "Shoreline Management Act of 1971".[1971 ex.s. c 286 § 1.] ...

90.58.020 Legislative findings -- State policy enunciated -- Use preference
The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great ...

90.58.030 Definitions and concepts
As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply: (1) Administration: (a) "Department" means the department of ecology; ...

90.58.040 Program applicable to shorelines of the state
The shoreline management program of this chapter shall apply to the shorelines of the state as defined in this chapter.[1971 ex.s. c 286 § 4.] ...

90.58.045 Environmental excellence program agreements -- Effect on chapter
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance ...

90.58.050 Program as cooperative between local government and state -- Responsibilities differentiated
This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the ...

90.58.060 Review and adoption of guidelines -- Public hearings, notice of -- Amendments
(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for: (a) Development of master ...

90.58.065 Application of guidelines and master programs to agricultural activities
(1) The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of ...

90.58.070 Local governments to submit letters of intent -- Department to act upon failure of local government
(1) Local governments are directed with regard to shorelines of the state in their various jurisdictions to submit to the director of the department, within ...

90.58.080 Timetable for local governments to develop or amend master programs -- Review of master programs -- Grants
(1) Local governments shall develop or amend a master program for regulation of uses of the shorelines of the state consistent with the required elements ...

90.58.090 Approval of master program or segments or amendments -- Procedure -- Departmental alternatives when shorelines of statewide significance -- Later adoption of master program supersedes departmental program
(1) A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the department. Within ...

90.58.100 Programs as constituting use regulations -- Duties when preparing programs and amendments thereto -- Program contents
(1) The master programs provided for in this chapter, when adopted or approved by the department shall constitute use regulations for the various shorelines of ...

90.58.110 Development of program within two or more adjacent local government jurisdictions -- Development of program in segments, when
(1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which ...

90.58.120 Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395 -- Public hearings, notice of -- Public inspection after approval or adoption
All rules, regulations, designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or *90.58.090(4) ...

90.58.130 Involvement of all persons and entities having interest, means
To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a full ...

90.58.140 Development permits -- Grounds for granting -- Administration by local government, conditions -- Applications -- Notices -- Rescission -- Approval when permit for variance or conditional use
(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after ...

90.58.143 Time requirements -- Substantial development permits, variances, conditional use permits
(1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional ...

90.58.147 Substantial development permit -- Exemption for projects to improve fish or wildlife habitat or fish passage
(1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development ...

90.58.150 Selective commercial timber cutting, when
With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, the department or ...

90.58.160 Prohibition against surface drilling for oil or gas, where
Surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de ...

90.58.170 Shorelines hearings board -- Established -- Members -- Chairman -- Quorum for decision -- Expenses of members
A shorelines hearings board sitting as a quasi judicial body is hereby established within the environmental hearings office under RCW 43.21B.005. The shorelines hearings board ...

90.58.175 Rules and regulations
The shorelines hearings board may adopt rules and regulations governing the administrative practice and procedure in and before the board.[1973 1st ex.s. c 203 § ...

90.58.180 Appeals from granting, denying, or rescinding permits -- Board to act -- Local government appeals to board -- Grounds for declaring rule, regulation, or guideline invalid -- Appeals to court
(1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may, except as ...

90.58.185 Appeals involving single-family residences or involving penalties of fifteen thousand dollars or less -- Composition of board -- Rules to expedite appeals
(1) In the case of an appeal involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve ...

90.58.190 Appeal of department's decision to adopt or amend a master program
(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed by RCW 34.05.510 ...

90.58.195 Shoreline master plan review -- Local governments with coastal waters or coastal shorelines
(1) The department of ecology, in cooperation with other state agencies and coastal local governments, shall prepare and adopt ocean use guidelines and policies to ...

90.58.200 Rules and regulations
The department and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter.[1971 ex.s. ...

90.58.210 Court actions to insure against conflicting uses and to enforce -- Civil penalty -- Review
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, ...

90.58.220 General penalty
In addition to incurring civil liability under RCW 90.58.210, any person found to have wilfully engaged in activities on the shorelines of the state in ...

90.58.230 Violators liable for damages resulting from violation -- Attorney's fees and costs
Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable ...

90.58.240 Additional authority granted department and local governments
In addition to any other powers granted hereunder, the department and local governments may: (1) Acquire lands and easements within shorelines of the state by ...

90.58.250 Intent -- Department to cooperate with local governments -- Grants for development of master programs
(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the ...

90.58.260 State to represent its interest before federal agencies, interstate agencies and courts
The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of ...

90.58.270 Nonapplication to certain structures, docks, developments, etc., placed in navigable waters -- Nonapplication to certain rights of action, authority
(1) Nothing in this statute shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable ...

90.58.280 Application to all state agencies, counties, public and municipal corporations
The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of ...

90.58.290 Restrictions as affecting fair market value of property
The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.[1971 ex.s. c 286 ...

90.58.300 Department as regulating state agency -- Special authority
The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and ...

90.58.310 Designation of shorelines of statewide significance by legislature -- Recommendation by director, procedure
Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature. The director of the department may, ...

90.58.320 Height limitation respecting permits
No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade ...

90.58.340 Use policies for land adjacent to shorelines, development of
All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective ...

90.58.350 Nonapplication to treaty rights
Nothing in this chapter shall affect any rights established by treaty to which the United States is a party.[1971 ex.s. c 286 § 35.] ...

90.58.355 Hazardous substance remedial actions -- Procedural requirements not applicable
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, ...

90.58.360 Existing requirements for permits, certificates, etc., not obviated
Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government.[1971 ex.s. c ...

90.58.370 Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited
All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized ...

90.58.380 Adoption of wetland manual
The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual ...

90.58.390 Certain secure community transition facilities not subject to chapter
An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. ...

90.58.515 Watershed restoration projects -- Exemption
Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects ...

90.58.550 Oil or natural gas exploration in marine waters -- Definitions -- Application for permit -- Requirements -- Review -- Enforcement
(1) Within this section the following definitions apply: (a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations ...

90.58.560 Oil or natural gas exploration -- Violations of RCW 90.58.550 -- Penalty -- Appeal
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to ...

90.58.570 Consultation before responding to federal coastal zone management certificates
The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management ...

90.58.600 Conformance with chapter 43.97 RCW required
With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power ...

90.58.900 Liberal construction -- 1971 ex.s. c 286
This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes ...

90.58.910 Severability -- 1971 ex.s. c 286
If any provision of this chapter, or its application to any person or legal entity or circumstances, is held invalid, the remainder of the act, ...

90.58.911 Severability -- 1983 c 138
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

90.58.920 Effective date -- 1971 ex.s. c 286
This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government, and its existing institutions. ...