CITY OF DES MOINES SHORELINE MASTER PROGRAM

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Des Moines Shoreline Master Program 4. Utilities shall be designed, located and installed in such a way as to preserve the natural landscape and minimize conflicts with present and planned land and shoreline uses while meeting the needs of future populations in areas planned to accommodate growth. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities that are nonwater-oriented shall not be allowed in shoreline jurisdiction unless it can be demonstrated that no other feasible option is available. 5. Utilities should be located in existing rights of way and corridors whenever possible. 6.3.11 Unclassified Uses Uses that are not classified or set forth herein may only be authorized as conditional uses provided the applicant can demonstrate that the criteria set forth in Section 7.4.3 of the SMP are met. Unclassified uses approved as conditional uses should also remain consistent with the policies of the Des Moines SMP and RCW 90.58.020. Department of Ecology approval effective November 1, 2010 84 Adopted by City of Des Moines Ordinance No. 1502
Des Moines Shoreline Master Program CHAPTER 7 – ADMINISTRATIVE PROCEDURES 7.1 Shoreline Permit Requirements The SMA (RCW 90.58.140(3)) requires that local governments establish a program for the administration and enforcement of the shoreline permit system. All proposed uses and development occurring within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline Management Act, and this Program. The purpose of this chapter is to describe that program and provide guidance for obtaining development permits for activities in the City’s shoreline jurisdiction. References to the “Shoreline Administrator” means the City Manager or his or her designee in the Planning, Building, and Public Works Department, responsible for administering the Des Moines SMP. Within the City of Des Moines all non-exempt substantial development undertaken on shorelines of the state must first obtain a Shoreline Substantial Development, Shoreline Conditional Use, or Variance Permit from the City. 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 as may be adjusted for inflation under the provisions of RCW 90.58.030 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 WAC 173-27-040. The shoreline activities that are exempt from permit requirements are listed in the first section of this chapter. The following sections describe the process for obtaining a Shoreline Substantial Development, Shoreline Conditional Use, or Variance Permit. For each permit type the criteria, application requirements and decision process are presented. Figure 7-1 provides an overview of the City’s Shoreline Permit process. The City’s shoreline administrative procedures should be consistent with all provisions, criteria, application requirements, public notice requirements, and local or state review procedures set forth in WAC 173-27, Shoreline Management Permit and Enforcement Procedures. In the event of any inconsistencies between this SMP and WAC 173-27, the WAC shall govern. 7.2 Exemptions from Substantial Development Permit Requirements Certain development activities are exempt from the requirement to secure a Shoreline Substantial Development Permit. State law requires that exemptions be construed narrowly. Exemption from the Substantial Development Permit process does not constitute exemption from compliance with the policies and use regulations of the SMA (RCW 90.58); the provisions of this master program; or other applicable city, state or federal permit requirements. A development activity or use that is listed as a conditional use pursuant to this master program or is an unclassified use, must obtain a Conditional Use Permit even if the development is exempt from a Shoreline Substantial Development Permit. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance, consistent with WAC 173-27-040(1)(b). Department of Ecology approval effective November 1, 2010 Adopted by City of Des Moines Ordinance No. 1502 85
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CITY OF DES MOINES SHORELINE MASTER PROGRAM

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