CITY OF DES MOINES SHORELINE MASTER PROGRAM

Des Moines Shoreline Master Program
which agency and public review has been conducted pursuant to chapter 43.21C
RCW, the State Environmental Policy Act.
12. A public or private project, the primary purpose of which is to improve fish or wildlife
habitat or fish passage, when all of the following apply:
a. The project has been approved in writing by the Washington State Department of Fish
and Wildlife (WDFW) as necessary for the improvement of the habitat or passage and
appropriately designed and sited to accomplish the intended purpose;
b. The project has received hydraulic project approval by WDFW pursuant to chapter 77-55
RCW; and
c. The Shoreline Administrator has determined that the project is consistent with this master
program.
13. Hazardous substance remedial actions. The procedural requirements of chapter 90.58 RCW
shall not apply to a project for which a consent decree, order or agreed order has been issued
pursuant to chapter 70.105D RCW or to Ecology when it conducts a remedial action under
chapter 70.105D RCW. Ecology shall, in consultation with the City, assure that such projects
comply with the substantive requirements of chapter 90.58 RCW, chapter 173–26 WAC and
this master program.
7.2.1 Statement of Exemption
Applicants for other permits or approvals must obtain a written “Statement of Exemption”
verifying the proposed development is not subject to securing a Shoreline Substantial
Development Permit. According to State guidelines the burden of proof that a development or
use is exempt from the permit process is on the applicant. If any part of the development is not
eligible for exemption, then a Substantial Development Permit is required for the entire proposed
development.
The statement of exemption offers an applicant an itemization of SMP and other requirements
applicable to the proposed project in conjunction with other permit processes. In the case of
development subject to a building permit, but exempt from the shoreline permit process, the
Building Official or other permit authorizing official, through consultation with the Shoreline
Administrator, shall attach shoreline management terms and conditions to Building Permits and
other permit approvals pursuant to RCW 90.58.140. For example, the approval of a Building
Permit for a single-family residence can be conditioned on the basis of SMP policy and use
regulations.
Where shoreline development proposals are subject to review, approval, and permitting by a
federal or state agency, the Shoreline Administrator shall prepare a statement of exemption,
addressed to the applicant, the federal or state permitting agency, and Ecology.
The letter shall indicate the specific exemption provision from WAC 173-27-040 that is being
applied to the development and provide a summary of the analysis demonstrating consistency of
the project with the Des Moines SMP and the SMA.
Department of Ecology approval effective November 1, 2010
92 Adopted by City of Des Moines Ordinance No. 1502