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Ord-2021-006
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2021-05-18 10:00 AM - Commissioners' Agenda
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Ord-2021-006
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Last modified
5/20/2021 11:52:29 AM
Creation date
5/20/2021 11:48:37 AM
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Template:
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
Fully Executed Version
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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Rivers and Harbors Act of 1899 (generally applicable to any project occurring on or over <br />navigable waters);or Section 404 permit under the Federal Water Pollution Control Act of <br />1972 (generally applicable to any project which may involve discharge of dredge or fill <br />material to any water or wetland area). <br />i. The letter of exemption must indicate the specific exemption provision from WAC <br />173-27-040 that is applicable to the proposal and provide a summary of the <br />consistency of the proposal with the regulations of this SMP. <br />ii. Watershed restorations projects must be reviewed in an expeditious manner and an <br />exemption decision, together with any conditions, must be issued within forty-five (45) <br />days of receiving all materials necessary to review the request for exemption. No fee <br />may be charged for accepting and processing requests for exemption for watershed <br />restoration projects as used in this Section. <br />4.$-Prog rammatic statements of exemption. <br />a. Applicability. Programmatic statements of exemption may be issued for activities exempt <br />under the provisions of KCC 178.07.030(2) above that: <br />i. Are repetitive and part of a maintenance program or other similar program; <br />ii. Have the same or similar identifiable impacts each time the activity is repeated at all <br />sites covered by the programmatic statement of exemption; and <br />iii. Are suitable to having standard conditions that will apply to any and all sites. <br />b. Conditions. A programmatic statement of exemption shall not be issued until appropriate <br />conditions, if needed, are developed and approved. Conditions shall apply uniformly to <br />each activity authorized and all locations covered by the programmatic statement of <br />exemption. Conditions may include specifications for the frequency, method and contents <br />of periodic status repofts. <br />c. Revisions. The programmatic statement of exemption may be modified or withdrawn if the <br />Shoreline Administrator determines that: <br />i. The programmatic statement of exemption or activities authorized under the <br />statement of exemption no longer comply with law; <br />ii. The programmatic statement of exemption does not provide adequate regulation of <br />the activity; <br />iii. The conditions or the manner in which the conditions are implemented are not <br />adequate to protect against the impacts resulting from the activity. <br />d. Expiration. Programmatic exemptions shall expire five (5) years after the date of issuance if <br />a shorter expiration period is not specified in the exemption approval. <br />(Ord. 2016-006, 2016) <br />17B.07.04O Types of permits. <br />1, Substantial development permits: All substantial development undertaken on shorelines of the <br />state requires a permit to ensure consistency with the policies of RCW 90.58.020 and the Master <br />Program. <br />2. Variances: The purpose of a variance permit is strictly limited to granting relief from specific <br />bulk, dimensional or performance standards set forth in the applicable Master Program where <br />there are extraordinary circumstances relating to the physical character or configuration of <br />property such that the strict implementation of the Master Program will impose unnecessary <br />hardships on the applicant or thwart the policies set forth in RCW 90.58.020. When a use or <br />development is proposed that does not comply with the bulk, dimensional and performance
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