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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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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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4. Timing and limitations. Revisions to permits may be authorized after original permit <br />authorization has expired. However, such revisions shall be limited to authorization of changes <br />which are consistent with this Section and which would not require a shoreline permit for the <br />development or change. This subsection shall not be used to extend the time requirements or <br />to authorize substantial development beyond the time limits of the original permit. <br />5. Notice. Notice of the revision approval shall be given to parties of record on the original permit <br />and to the Washington State Department of Ecology. <br />6. Effective date. The revised permit is effective immediately upon final decision by the <br />Administrator or, when appropriate, upon final action by the Washington State Department of <br />Ecology. <br />7. Appeals. <br />a. Timing. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within <br />twenty-one (21)days from the date of receipt of the local government's action on a <br />substantial development permit revision by the Washington State Department of Ecology <br />or, for revisions to conditional use permits or variances, the date Ecology's final decision is <br />transmitted to local government and the applicant. <br />b. Grounds. Appeals shall be based only upon contentions of noncompliance with the <br />provisions of WAC 173-27-100. <br />c. Construction during appeal period. Construction undertaken pursuant to that portion of a <br />revised permit not authorized under the original permit is at the applicant's own risk until <br />the expiration of the appeals deadline. <br />d. lmpact of appeal on original permit. lf an appeal is successful in proving that a revision is <br />not within the scope and intent of the original permit, the decision shall have no bearing <br />on the original permit. <br />(Ord. 2016-006, 2016) <br />178.O7.11 0 Liberal construction. <br />As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. The Act <br />and this Program shall be liberally construed to give full effect to the purposes, goals, objectives, and <br />policies for which the Act and this Program were enacted and adopted, respectively. (Ord. 2016-006, <br />2016) <br />17 B.O7 .1 20 Enforcement. <br />Chapter 173-27 WAC contains enforcement regulations, including authority for the County to issue <br />regulatory orders to enforce the SMA and the SMP. Upon a determination that there has been a <br />violation of any provision of the County's shoreline regulations, the County may pursue code <br />enforcement and penalties in accordance with the provisions of KCC Title 18, Code Enforcement. <br />(Ord. 2016-006, 2016) <br />178.07.130 Amendments to SMP. <br />1. Applicability. This Section applies to comprehensive Shoreline Master Program updates as well <br />as limited SMP amendments that may be necessary from time to time to comply with state and <br />federal laws and implementing rules, address newly annexed shorelines, improve consistency <br />with the Act's goals and policies, or correct errors or omissions. All Master Program <br />amendments shall be processed pursuant to the procedural requirements of WAC 173-26- <br />010 through 173-26-160 and RCW 90.58.090.
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