Ordinance 2600-02 - Laserfiche WebLink

Findings & Conclusions 3/1/02 Page 2 Board (SHB) entered a decision invalidating WAC 173-26, Ecology's guidelines for developing local shoreline master programs under the Shoreline Management Act (SMA). Because of the SHB's decision, review of this amendment is based on the policies and provisions found in RCW 90.58, including, but not limited to: • RCW 90.58.020—SMA policies • RCW 90.58.030—definitions and concepts • RCW 90.58.090—"optimum implementation" related to shorelines of statewide significance • RCW 90.58.100—use of all available information, and elements of a SMP • RCW 90.58.900 - liberal construction in terms of implementing the SMA Among the policies set forth in RCW 90.58.020 is the requirement "to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses" while "...protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life...". In terms of shorelines of state-wide significance local government shall, in order of preference, give preference to: (1) Recognize and protect the state-wide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In preparing master programs, the SMA requires local government to consider"all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state". RCW 90.58.100. The standard of review of SMPs submitted to the department, as established in RCW 90.58.090(3) and (4), is that with regard to shorelines, the department must approve a submittal unless it is inconsistent with the policy of the SMA and with regard to Shorelines of Statewide Significance, the department must find that the submittal provides for optimum implementation of the policy of this chapter to satisfy the statewide interest. By the SMA's legislative link to the Growth Management Act (GMA), local government is required to include best available science (BAS) "in developing policies and