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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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Kittitas County Shoreline Master Program <br />3. Development on non-federal land is subject to this SMP and must obtain a shoreline <br />permit, even if it is leased, rented, etc. to the federal government, unless the state <br />has ceded regulatory authority by statute. <br />4. Federal lands include, but are not limited to, national forests, national parks, national <br />wilderness areas, and lands owned by the Federal Bureau of Land Management <br />(BLM). The following subsections shall guide the determination of SMP applicability <br />on federal lands: <br />a. Federal development on federally owned land is not required to obtain a <br />shoreline permit, unless otherwise required by law, but shall be consistent to the <br />maximum extent practicable with this master program; <br />b. Non-federal activities, uses and development on federally owned land are subject <br />to this 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 <br />rights of lndian Nations or tribes. <br />1.8 Governingprinciples <br />The following principles, in conjunction with the policy statements of RCW 90.58.020, <br />establish the foundation for the goals, policies and regulations of this Program: <br />1. Any inconsistencies between this Program and the Act must be resolved in <br />accordance with the Act. <br />2. The policies of this Program may be achieved by diverse means including, but not <br />limited to: regulation of development; acquisition of lands and/or easements by <br />purchase or gift; public facility and park planning; watershed planning; voluntary <br />salmon recovery projects; and incentive programs. <br />3. Regulation of private property to implement Program goals must be consistent with <br />all relevant constitutional and other legal limitations including, but not limited to: civil <br />rights guaranteed by the U.S. and state constitutions, recent federal and state case <br />law, and state statutes. <br />4. Regulatory or administrative actions contained herein must not unconstitutionally <br />infringe on private property rights or result in an unconstitutional taking of private <br />property. <br />5. The waters of the state are owned by the citizens of the state. The property rights <br />accrued to the citizens of the state must not be infringed upon by activities that <br />denigrate the value of this ownership interest. <br />6. The regulatory provisions of this Program are limited to shorelines of the state, <br />whereas the planning functions of this Program may extend beyond the designated <br />shoreline boundaries. <br />Chapter 1 <br />March 7,2016 <br />16
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