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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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17B.01.080 Governing principles. <br />The following principles, in conjunction with the policy statements of RCW 90.58.020, establish the <br />foundation for the goals, policies and regulations of this Program: <br />1. Any inconsistencies between this Program and the Act must be resolved in accordance with the <br />Act. <br />2. The policies of this Program may be achieved by diverse means including, but not limited to: <br />regulation of development; acquisition of lands and/or easements by purchase or gift; public <br />facility and park planning; watershed planning; voluntary salmon recovery projects; and <br />incentive programs. <br />3. Regulation of private property to implement Program goals must be consistent with all relevant <br />constitutional and other legal limitations including, but not limited to: civil rights guaranteed by <br />the U.S. and state constitutions, recent federal and state case law, and state statutes. <br />4. Regulatory or administrative actions contained herein must not unconstitutionally infringe on <br />private property rights or result in an unconstitutional taking of private property. <br />5. The waters of the state are owned by the citizens of the state. The property rights accrued to the <br />citizens of the state must not be infringed upon by activities that denigrate the value of this <br />ownership interest. <br />6. The regulatory provisions of this Program are limited to shorelines of the state, whereas the <br />planning functions of this Program may extend beyond the designated shoreline boundaries. <br />7. The policies and regulations established by the Regional Shoreline Master Program must be <br />integrated and coordinated with those policies and rules of the comprehensive plans and <br />development regulations adopted by the participating jurisdictions under the GMA. <br />8. Protecting the shoreline environment is an essential statewide policy goal, consistent with other <br />policy goals. Permitted and/or exempt development, actions taken prior to the Act’s adoption, <br />and/or unregulated activities can impair shoreline ecological processes and functions. This <br />Program protects the shoreline ecology from such impairments in the following ways: <br />a. By using a process that identifies, inventories, and ensures meaningful understanding of <br />current and potential ecological functions provided by affected shorelines. <br />b. By including policies, regulations, and incentives designed to ensure all development, <br />including permit-exempt development, will not cause a net loss of shoreline ecological <br />function. <br />c. By including regulations and incentives designed to restore impaired ecological functions <br />where such functions have been identified, consistent with the Restoration Plan dated April <br />2014. <br />d. By including policies and regulations to address cumulative impacts, including the <br />cumulative effect of exempt development, and by fairly allocating the burden of addressing <br />such impacts among development opportunities. <br />e. By including policies and regulations that coordinate shoreline management while <br />protecting private property rights, consistent with the public interest. <br />9. In light of other relevant local, state, and federal regulatory and non-regulatory programs, the <br />County will balance the policy goals of this Program to the extent consistent with the policies of <br />the Act and these governing principles, and modify this Program to reflect changing <br />circumstances. <br />(Ord. 2016-006, 2016) <br />
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