CITY OF DES MOINES SHORELINE MASTER PROGRAM
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