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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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a. Any use or development of which the total cost or fair market value, whichever is <br />higher, does not exceed seven thousand forty seven dollars+iffi <br />sixteendeltars ($W67A47), if such use or development does not materially interfere <br />with the normal public use of the water or shorelines of the state. The dollar threshold <br />established in this subsection will be adjusted for inflation by the office of financial <br />management every five (5) years, according to WAC 173-27-040(2Xa). For purposes of <br />determining whether or not a permit is required, the total cost or fair market value <br />shall be based on the value of development that is occurring on shorelines of the state <br />as defined in RCW 90.58.030 (2Xc). The total cost or fair market value of the <br />development shall include the fair market value of any donated, contributed or found <br />labor, equipment or materials. <br />b. Normal maintenance or repair of existing structures or developments, including <br />damage by accident, fire or elements. "Normal maintenance" includes those usual acts <br />to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal <br />repair" means to restore a development to a state comparable to its original condition <br />including, but not limited to, its size, shape, configuration, location and external <br />appearance, within a reasonable period after decay or partial destruction, except where <br />repair causes substantial adverse effects to shoreline resource or environment. <br />Replacement of a structure or development may be authorized as repair where such <br />replacement is the common method of repair for the type of structure or development <br />and the replacement structure or development is comparable to the original structure <br />or development including, but not limited to, its size, shape, configuration, location <br />and external appearance and the replacement does not cause substantial adverse <br />effects to shoreline resources or environment. <br />c. Construction of the normal protective bulkhead common to single-family residences. A <br />"normal protective" bulkhead includes those structural and nonstructural <br />developments installed at or near, and parallel to, the OHWM for the sole purpose of <br />protecting an existing single-family residence and appurtenant structures from loss or <br />damage by erosion. A normal protective bulkhead is not exempt if constructed for the <br />purpose of creating dry land, When a vertical or near vertical wall is being constructed <br />or reconstructed, not more than one (1) cubic yard of fill per one (1)foot of wall may <br />be used as backfill. When an existing bulkhead is being repaired by construction of a <br />vertical wall fronting the existing wall, it shall be constructed no further waterward of <br />the existing bulkhead than is necessary for construction of new footings. When a <br />bulkhead has deteriorated such that an OHWM has been established by the presence <br />and action of water landward of the bulkhead, then the replacement bulkhead must be <br />located at or near the actual OHWM. Bioengineered erosion control projects may be <br />considered a normal protective bulkhead when any structural elements are consistent <br />with the above requirements and when the project has been approved by the <br />Washington State Department of Fish and Wildlife. <br />d. Emergency construction necessary to protect property from damage by the elements. <br />An "emergency" is an unanticipated and imminent threat to public health, safety, or the <br />environment which requires immediate action within a time too short to allow full <br />compliance with this chapter. Emergency construction does not include development <br />Exhibit C SMP Update | 178.07.030 Permit Exemptions Page 3 of 10
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