CITY OF DES MOINES SHORELINE MASTER PROGRAM

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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
Des Moines Shoreline Master Program 7.3 Shoreline Substantial Development Permit Procedures 7.3.1 General Provisions Development means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level. Substantial development means any development of which the total cost or fair market value exceeds five thousand seven hundred and eighteen dollars ($5,718) or any development which materially-interferes with the normal public use of the water or shorelines of the state, except those exempted developments set forth in the preceding section, consistent with WAC 173-27-040. Issuance of a Shoreline Substantial Development Permit is classified as Type II land use action, an administrative decision made by the Shoreline Administrator. Public notice of application is required and Ecology is notified of the permit decision. Shoreline Substantial Development Permits do not require public hearings or City Council decisions. Each permit for a substantial development, conditional use or variance issued by local government shall contain a provision that construction pursuant to the permit shall not begin and is not authorized until twenty-one days from the date of filing as defined in RCW 90.58.140(6) and WAC 173-27-1301, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated; except as provided in the SMA (RCW90.58.140(5.b) for Shoreline Hearings board appeals. 7.3.2 Criteria A Substantial Development Permit shall be granted by the Shoreline Administrator only when the development proposed is consistent with the following: 1. Goals, objectives, policies and use regulations of the Des Moines SMP; 2. Des Moines Comprehensive Plan and Municipal Code; and 3. The policies, guidelines, and regulations of the SMA (RCW 90.58, WAC 173-26 and WAC 173-27). The Shoreline Administrator may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. 7.3.3 Application The owner of the subject property or the authorized agent(s) of the owner is encouraged to have a pre-application meeting with the Shoreline Administrator and/or his or her staff to determine the need for a Substantial Development Permit. If needed, the applicant may apply for a Substantial Development Permit by submitting to the Shoreline Administrator a Shoreline Substantial Development Permit application using the Joint Aquatic Resource Permit Application (JARPA) form provided by the City and accompanied by applicable fees, and any other information requested by the Shoreline Administrator. A completed application for a Department of Ecology approval effective November 1, 2010 Adopted by City of Des Moines Ordinance No. 1502 93
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CITY OF DES MOINES SHORELINE MASTER PROGRAM

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