Revised Code of Washington
Chapter 90.58 - Shoreline Management Act of 1971.
90.58.355 - Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

RCW 90.58.355
Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to:
(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090;
(2) Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard stormwater treatment facilities;
(3) The department of transportation projects and activities that meet the conditions of RCW 90.58.356; or
(4) Actions taken on the Columbia river by the United States army corps of engineers, under the authority of United States Code Titles 33 and 42 and 33 C.F.R. Sec. 335, to maintain and improve federal navigation channels in accordance with federally mandated dredged material management and improvement project plans, provided the project: (a) Has undergone environmental review under both the national environmental policy act, 42 U.S.C. Sec. 4321-4370h and the state environmental policy act, chapter 43.21C RCW; and (b) has applied for federal clean water act section 401 water quality certifications issued by the department.

[ 2021 c 299 § 1; 2020 c 20 § 1506; 2015 3rd sp.s. c 15 § 9; 2012 c 169 § 1; 1994 c 257 § 20.]
NOTES:

Finding—Intent—2015 3rd sp.s. c 15: See note following RCW 90.58.356.


Severability—1994 c 257: See note following RCW 36.70A.270.

Structure Revised Code of Washington

Revised Code of Washington

Title 90 - Water Rights—Environment

Chapter 90.58 - Shoreline Management Act of 1971.

90.58.010 - Short title.

90.58.020 - Legislative findings—State policy enunciated—Use preference.

90.58.030 - Definitions and concepts.

90.58.040 - Program applicable to shorelines of the state.

90.58.045 - Environmental excellence program agreements—Effect on chapter.

90.58.050 - Program as cooperative between local government and state—Responsibilities differentiated.

90.58.060 - Review and adoption of guidelines—Public hearings, notice of—Amendments.

90.58.065 - Application of guidelines and master programs to agricultural activities.

90.58.070 - Local governments to submit letters of intent—Department to act upon failure of local government.

90.58.080 - Timetable for local governments to develop or amend master programs—Review of master programs—Grants.

90.58.090 - Approval of master program or segments or amendments—Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program.

90.58.100 - Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program contents.

90.58.110 - Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.

90.58.120 - Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption.

90.58.130 - Involvement of all persons and entities having interest, means.

90.58.140 - Development permits—Grounds for granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval when permit for variance or conditional use.

90.58.143 - Time requirements—Substantial development permits, variances, conditional use permits.

90.58.147 - Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.

90.58.150 - Selective commercial timber cutting, when.

90.58.160 - Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where.

90.58.170 - Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.

90.58.175 - Rules and regulations.

90.58.180 - Review of granting, denying, or rescinding permits by shorelines hearings board—Board to act—Local government appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court.

90.58.185 - Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.

90.58.190 - Appeal of department's decision to adopt or amend a master program.

90.58.195 - Shoreline master plan review—Local governments with coastal waters or coastal shorelines.

90.58.200 - Rules and regulations.

90.58.210 - Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.

90.58.220 - General penalty.

90.58.230 - Violators liable for damages resulting from violation—Attorney's fees and costs.

90.58.240 - Additional authority granted department and local governments.

90.58.250 - Intent—Department to cooperate with local governments—Grants for development of master programs.

90.58.260 - State to represent its interest before federal agencies, interstate agencies and courts.

90.58.270 - Nonapplication to certain structures, docks, developments, etc., placed in navigable waters—Nonapplication to certain rights of action, authority—Floating homes and floating on-water residences must be classified as a conforming preferred...

90.58.280 - Application to all state agencies, counties, public and municipal corporations.

90.58.290 - Restrictions as affecting fair market value of property.

90.58.300 - Department as regulating state agency—Special authority.

90.58.310 - Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.

90.58.320 - Height limitation respecting permits.

90.58.340 - Use policies for land adjacent to shorelines, development of.

90.58.350 - Nonapplication to treaty rights.

90.58.355 - Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

90.58.356 - Projects and activities not required to obtain certain permits, variances, letters of exemption, or other local review—Written notice, when required.

90.58.360 - Existing requirements for permits, certificates, etc., not obviated.

90.58.370 - Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.

90.58.380 - Adoption of wetland manual.

90.58.515 - Watershed restoration projects—Exemption.

90.58.550 - Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.

90.58.560 - Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.

90.58.570 - Consultation before responding to federal coastal zone management certificates.

90.58.580 - Shoreline restoration projects—Relief from shoreline master program development standards and use regulations.

90.58.590 - Local governments authorized to adopt moratoria—Requirements—Public hearing.

90.58.600 - Conformance with chapter 43.97 RCW required.

90.58.610 - Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.

90.58.620 - New or amended master programs—Authorized provisions.

90.58.900 - Liberal construction—1971 ex.s. c 286.

90.58.920 - Effective date—1971 ex.s. c 286.