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SMP Ordinance Exhibits
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2021-05-18 10:00 AM - Commissioners' Agenda
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SMP Ordinance Exhibits
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5/13/2021 12:38:43 PM
Creation date
5/13/2021 12:35:48 PM
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Meeting
Date
5/18/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
e
Item
Request to Approve an Ordinance Concerning the Shoreline Master Program Periodic Review Required by RCW 90.58.080(4)
Order
5
Placement
Consent Agenda
Row ID
76503
Type
Ordinance
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90.58 shall be considered an element of the county or city's comprehensive plan. All other portions of <br />the shoreline master program for a county or city adopted under RCW Chapter 90.58, including use <br />regulations, shall be considered a part of the county or city's development regulations. (RCW <br />36.70A.480(1)) <br />Counties and cities that plan under the GMA are required, under RCW 36.70A, to ensure that there is <br />internal consistency between the comprehensive plan elements, future land use plan, and <br />implementing development regulations (including master programs. The GMA also calls for <br />coordination and consistency of comprehensive plans among local jurisdictions: <br />The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be <br />coordinated with, and consistent with, the comprehensive plans adopted pursuant to RCW <br />36.70A.040 of other counties or cities with which the county or city has, in part, common borders or <br />related regional issues. (RCW 36.70A.100) <br />This regional SMP update has been developed to comply with the GMA requirements for internal <br />consistency with each jurisdiction’s comprehensive plan and implementing regulations as well as to <br />ensure coordination and consistency between the County, Cities and Town. (Ord. 2016-006, 2016) <br /> <br />17B.01.070 Applicability. <br />1. Unless specifically exempted below, all proposed uses and development occurring within <br />shoreline jurisdiction must conform to the intent and requirements of RCW Chapter 90.58, the <br />Shoreline Management Act, and this Program whether or not a permit or other form of <br />authorization is required. See Section 1.2 for the definition of shoreline jurisdiction; Chapter 7 <br />for permit procedures; and Chapter 2 for definitions of uses, activities, and development. <br />2. The following activities are not considered "development" for the purpose of this SMP: <br />a. Interior building improvements that do not change the use or occupancy; <br />b. Exterior building maintenance activities, including painting and roofing, that do not expand <br />the existing footprint of the structure; <br />c. Routine landscape maintenance of established, ornamental landscaping, such as lawn <br />mowing, pruning and weeding; and <br />d. Maintenance of the following existing facilities that does not expand the affected area: <br />septic tanks (routine cleaning), wells, and individual utility service connections. <br />3. Development on non-federal land is subject to this SMP and must obtain a shoreline permit, <br />even if it is leased, rented, etc. to the federal government, unless the state has ceded regulatory <br />authority by statute. <br />4. Federal lands include, but are not limited to, national forests, national parks, national wilderness <br />areas, and lands owned by the Federal Bureau of Land Management (BLM). The following <br />subsections shall guide the determination of SMP applicability on federal lands: <br />a. Federal development on federally owned land is not required to obtain a shoreline permit, <br />unless otherwise required by law, but shall be consistent to the maximum extent <br />practicable with this master program; <br />b. Non-federal activities, uses and development on federally owned land are subject to this <br />SMP and must obtain a shoreline permit; <br />5. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights of <br />Indian Nations or tribes. <br />(Ord. 2016-006, 2016) <br />
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