CITY OF DES MOINES SHORELINE MASTER PROGRAM

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