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CITY OF DES MOINES SHORELINE MASTER PROGRAM

CITY OF DES MOINES SHORELINE MASTER PROGRAM

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Des Moines Shoreline Master Program<br />

proponents are responsible for complying with all applicable laws prior to commencing any use,<br />

development or activity. Where this Program makes reference to any RCW, WAC, or other state<br />

or federal law or regulation the most recent amendment or current edition shall apply. In the<br />

event this Program conflicts with other applicable County policies or regulations, all regulations<br />

shall apply and unless otherwise stated, the more restrictive provisions shall prevail.<br />

The Des Moines SMP refers to the City's Comprehensive Plan, Zoning Code and other<br />

development plans and ordinances for which this SMP has relevance. Des Moines' SMP is to be<br />

considered an overlay of the Zoning Code, Title 18, Des Moines Municipal Code. Overlay zones<br />

are a set of zoning requirements that are described in the Zoning Code, are mapped and<br />

subsequently imposed in addition to those regulations of the underlying zoning classification.<br />

Development within the overlay zone must conform to the requirements of both zones. In case<br />

of conflict, the stricter requirement applies.<br />

In October of 1972, the City established a permit system in compliance with the first requirement<br />

of the SMA. Under this system, a permit must be obtained from the City for any proposed<br />

substantial development within the Des Moines shoreline jurisdiction. “Development” is defined<br />

in Chapter 8, consistent with RCW 90.58.030(3)(d). “Substantial development” is defined in<br />

Chapter 8, consistent with RCW 90.58.030(3)(e). Substantial development means any<br />

development of which the fair market value exceeds five thousand seven hundred eighteen<br />

dollars ($5,718), or any development that would interfere with the normal public use of the water<br />

or shorelines. The definition of substantial development addresses how increases to the $5,718<br />

threshold will be determined by changes in the consumer price index.<br />

In compliance with the second requirement of the Act, the City completed in March 2005 a<br />

comprehensive inventory of natural characteristics, functions and values of resources, existing<br />

land use, and ownership patterns along the City's shorelines (Appendix A).<br />

Therefore, once this Shoreline Master Program is adopted, the City’s critical area regulations<br />

will not apply to property located within the jurisdiction governed by this program. This program<br />

directly incorporates many of the substantive requirements for critical areas found in DMMC<br />

18.86. However, it is important to note that there remain procedural differences between DMMC<br />

18.86 and the SMP. Please refer to Chapter 3 for SMP policies related to critical areas; Chapter 6<br />

for regulations related to critical areas; and Chapter 7 for administrative procedures related to<br />

critical areas.<br />

1.6 Public Outreach<br />

The SMP update utilized a variety of public outreach activities. A public open house was held in<br />

November 2004 to review preliminary findings from the shoreline inventory and characterization<br />

work and solicit input and feedback from the public. A second open house was held in April<br />

2005 to review and solicit input on updated general goals and policies and proposed shoreline<br />

environment designations. During the fall of 2005, additional outreach activities included<br />

articles in the City newsletter and the Des Moines News. A presentation on the SMP update<br />

project was given at a Saturday workshop hosted by the Highline Community College Marine<br />

Science and Technology Center in Redondo. From November 2004 through November 2005,<br />

five public meetings were held with the Des Moines Planning Agency to work through updated<br />

Department of Ecology approval effective November 1, 2010<br />

8 Adopted by City of Des Moines Ordinance No. 1502

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