Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.58.010 Short title.
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This chapter shall be known and may be cited as the "Shoreline Management Act of 1971".[ 1971 ex.s. c 286 s 1.]
RCW 90.58.020 Legislative findings—State policy enunciated—Use preference.
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The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever in…
RCW 90.58.030 Definitions and concepts.
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As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:(1) Administration:(a) "Department" means the department of ecology;(b) "Director" means the director of the department of ecology;(c) "Hearings board" means the shoreline…
RCW 90.58.040 Program applicable to shorelines of the state.
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The shoreline management program of this chapter shall apply to the shorelines of the state as defined in this chapter.[ 1971 ex.s. c 286 s 4.]
RCW 90.58.045 Environmental excellence program agreements—Effect on chapter.
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Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…
RCW 90.58.050 Program as cooperative between local government and state—Responsibilities differentiated.
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This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the …
RCW 90.58.060 Review and adoption of guidelines—Public hearings, notice of—Amendments.
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(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:(a) Development of master programs for regulation of the uses of shorelines; and(b) Development of master programs for regulatio…
RCW 90.58.065 Application of guidelines and master programs to agricultural activities.
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(1) The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where agricultural activities…
RCW 90.58.070 Local governments to submit letters of intent—Department to act upon failure of local government.
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(1) Local governments are directed with regard to shorelines of the state in their various jurisdictions to submit to the director of the department, within six months from June 1, 1971, letters stating that they propose to complete an inventory and develop master programs for th…
RCW 90.58.080 Timetable for local governments to develop or amend master programs—Review of master programs—Grants.
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(1) Local governments shall develop or amend a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department in accordance with the schedule established by this section.(2)(a) Subject to the …
RCW 90.58.090 Approval of master program or segments or amendments—Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program.
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(1) A master program, segment of a master program, or an amendment to a master program shall become effective when approved by the department as provided in subsection (7) of this section. Within the time period provided in RCW 90.58.080, each local government shall have submitte…
RCW 90.58.100 Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program contents.
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(1) The master programs provided for in this chapter, when adopted or approved by the department shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to t…
RCW 90.58.110 Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.
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(1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify t…
RCW 90.58.120 Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption.
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All rules, regulations, designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or * 90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.0…
RCW 90.58.130 Involvement of all persons and entities having interest, means.
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To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a full opportunity for involvement in both their development and implementation, the department and local governments shall:(1) Make rea…
RCW 90.58.140 Development permits—Grounds for granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval when permit for variance or conditional use.
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(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.(2) A substantial development shall not be underta…
RCW 90.58.143 Time requirements—Substantial development permits, variances, conditional use permits.
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(1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this chapter. Upon a finding of good cause, based on the requirements and circumstances…
RCW 90.58.147 Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.
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(1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply:(a) The project has been approved by the department of fish an…
RCW 90.58.150 Selective commercial timber cutting, when.
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With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of t…
RCW 90.58.160 Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where.
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(1) Seabed mining for hard minerals and surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca seaward from the ordinary high water mark and on all lands within one thousand feet landward from said …
RCW 90.58.170 Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.
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A shorelines hearings board sitting as a quasi-judicial body is hereby established within the environmental and land use hearings office under *RCW 43.21B.005. The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control h…
RCW 90.58.175 Rules and regulations.
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The shorelines hearings board may adopt rules and regulations governing the administrative practice and procedure in and before the board.[ 1973 1st ex.s. c 203 s 3.]
RCW 90.58.180 Review of granting, denying, or rescinding permits by shorelines hearings board—Board to act—Local government appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court—Consolidated appeals.
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(1)(a) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a petition for review within 21 days of the date of filing of the decision as defined …
RCW 90.58.185 Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.
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(1) In the case of an appeal involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, appeals involving a penalty of fifteen thousand dollars or less, or other cases designated by the c…
RCW 90.58.190 Appeal of department's decision to adopt or amend a master program.
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(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed by RCW 34.05.510 through 34.05.598.(2)(a) The department's final decision to approve or reject a proposed master program or master program a…
RCW 90.58.195 Shoreline master plan review—Local governments with coastal waters or coastal shorelines.
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(1) The department of ecology, in cooperation with other state agencies and coastal local governments, shall prepare and adopt ocean use guidelines and policies to be used in reviewing, and where appropriate, amending, shoreline master programs of local governments with coastal w…
RCW 90.58.200 Rules and regulations.
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The department and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter.[ 1971 ex.s. c 286 s 20.]
RCW 90.58.210 Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.
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(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state in con…
RCW 90.58.220 General penalty.
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In addition to incurring civil liability under RCW 90.58.210, any person found to have wilfully engaged in activities on the shorelines of the state in violation of the provisions of this chapter or any of the master programs, rules, or regulations adopted pursuant thereto shall …
RCW 90.58.230 Violators liable for damages resulting from violation—Attorney's fees and costs.
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Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to…
RCW 90.58.240 Additional authority granted department and local governments.
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In addition to any other powers granted hereunder, the department and local governments may:(1) Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implement…
RCW 90.58.250 Intent—Department to cooperate with local governments—Grants for development of master programs.
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(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of de…
RCW 90.58.260 State to represent its interest before federal agencies, interstate agencies and courts.
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The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of the United States, including among others, the federal power commission, environmental protection agen…
RCW 90.58.270 Nonapplication to certain structures, docks, developments, etc., placed in navigable waters—Nonapplication to certain rights of action, authority—Floating homes and floating on-water residences must be classified as a conforming preferred use.
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(1) Nothing in this section shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the im…
RCW 90.58.280 Application to all state agencies, counties, public and municipal corporations.
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The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them.[ 1971 ex.s. c 286 s 28.]
RCW 90.58.290 Restrictions as affecting fair market value of property.
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The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.[ 1971 ex.s. c 286 s 29.]
RCW 90.58.300 Department as regulating state agency—Special authority.
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The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government an…
RCW 90.58.310 Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.
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Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature.The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have s…
RCW 90.58.320 Height limitation respecting permits.
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No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines…
RCW 90.58.340 Use policies for land adjacent to shorelines, development of.
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All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use …
RCW 90.58.350 Nonapplication to treaty rights.
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Nothing in this chapter shall affect any rights established by treaty to which the United States is a party.[ 1971 ex.s. c 286 s 35.]
RCW 90.58.355 Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.
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Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to:(1) Any person conducting a remedial action at a facility pursuant to a consen…
RCW 90.58.356 Projects and activities not required to obtain certain permits, variances, letters of exemption, or other local review.
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(1) For purposes of this section, the following definitions apply:(a) "Maintenance" means the preservation of the transportation facility or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches…
RCW 90.58.357 Maintenance activities performed by certain entities that do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government—Notification.
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(1) The following maintenance activities undertaken by the department of fish and wildlife, a federally recognized Indian tribe, a public utility district, or a municipal utility, necessary to maintain the operation of fish hatcheries, including water intakes and discharges, fish…
RCW 90.58.360 Existing requirements for permits, certificates, etc., not obviated.
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Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government.[ 1971 ex.s. c 286 s 36.]
RCW 90.58.370 Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.
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All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with th…
RCW 90.58.380 Adoption of wetland manual.
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The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If …
RCW 90.58.515 Watershed restoration projects—Exemption.
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Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall i…
RCW 90.58.550 Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.
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(1) Within this section the following definitions apply:(a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters;(b) "Marine waters" include the waters of Puget S…
RCW 90.58.560 Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.
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(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, a person who violates RCW 90.58.550, or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be…