(1) 
In addition to the requirements of Chapter 22.05 WCC (Project Permits), shoreline permits shall be subject to the provisions of this chapter.
(2) 
To be authorized, all shoreline activities, uses, and development shall be done in a manner consistent with WCC Title 23 (Shoreline Management Program) and the Shoreline Management Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required.
(3) 
All final shoreline substantial development, variance, and conditional use permit decisions or recommendations shall be filed with the Department of Ecology pursuant to WCC § 22.07.060.
(4) 
A development or use that is listed as a shoreline conditional use pursuant to WCC Title 23 (Shoreline Management Program) or is an unlisted use must obtain a shoreline conditional use permit even if the development or use does not require a substantial development permit.
(5) 
When a development, use, or activity is proposed that does not comply with the bulk, dimensional and/or other standards of the Shoreline Management Program, such development or use shall only be authorized by approval of a shoreline variance even if the development or use does not require a substantial development permit.
(6) 
All permits issued for development, use, or activity within shoreline jurisdiction shall include written findings prepared by the director, including compliance with bulk and dimensional standards and policies and regulations of the Shoreline Management Program. The director may attach conditions to the approval to project permits as necessary to ensure consistency of the project with the Act and the program.
(7) 
Pursuant to WAC 173-27-044, requirements to obtain a substantial development permit, shoreline conditional use permit, shoreline variance, letter of exemption, or other review conducted by a local government to implement the Shoreline Management Program do not apply to:
(a) 
Remedial Action. Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology (Ecology) when it conducts a remedial action under Chapter 70.105D RCW. Ecology must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or during the Ecology-conducted remedial action, through the procedures developed by Ecology pursuant to RCW 70.105D.090;
(b) 
Boatyard Facilities. Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit. Ecology must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard stormwater treatment facilities; or
(c) 
Washington State Department of Transportation (WSDOT) facility maintenance and safety improvements. Any Washington State Department of Transportation (WSDOT) projects or activities that meet the conditions of RCW 90.58.356.
(8) 
All applications for shoreline substantial development permits or permit revisions shall be submitted to the Department of Ecology upon a final decision by local government pursuant to WAC 173-27-130. "Final decision by local government" shall mean the order of ruling, whether it be an approval or denial, that is established after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals has lapsed.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
Application and Interpretation.
(a) 
An exemption from the substantial development permit process is not an exemption from compliance with the Act, the Whatcom County Shoreline Management Program, or from any other regulatory requirements. To be authorized, all uses, developments, and activities must be consistent with the policies and regulatory provisions of the Shoreline Management Program and the Act. A statement of exemption shall be obtained for exempt activities consistent with the below provisions.
(b) 
Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the substantial development permit process.
(c) 
The burden of proof that a development, use, or activity is exempt is on the applicant/proponent of the exempt development action.
(d) 
If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire project.
(2) 
Exemptions. Certain developments, uses, or activities are exempt from the substantial development permit requirements of the Act and the Shoreline Management Program. These developments, uses, or activities are those set forth in WAC 173-27-040 (or as amended), and do not meet the definition of substantial development under RCW 90.58.030(3)(e). A summary of exempt developments is listed below, the application of which shall be guided by WAC 173-27-040 (or as amended).
(a) 
Any development of which the total cost or fair market value, whichever is higher, does not exceed $7,047, or as amended by the state Office of Financial Management, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For the purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(g). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
(b) 
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Normal maintenance includes those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair causes substantial adverse effects to the shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or the environment.
(c) 
Construction of the normal protective bulkhead common to single-family residences. A normal protective bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used for backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington Department of Fish and Wildlife.
(d) 
Emergency construction necessary to protect property from damage by the elements. An emergency is an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with the Shoreline Management Program. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the director to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit that would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC, or the Shoreline Management Program, shall be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the Shoreline Management Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
(e) 
Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including, but not limited to, head gates, pumping facilities, and irrigation channels; provided, that this exemption shall not apply to agricultural activities proposed on land not in agricultural use on December 17, 2003; and further provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, or alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations.
(f) 
Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys.
(g) 
Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level and that meets all requirements of the state agency or local government having jurisdiction thereof. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance as defined in Chapter 23.60 WCC.
(h) 
Construction of a dock, including a shared moorage, designed for pleasure craft only, for the private noncommercial use of the owners, lessee, or contract purchaser of a single-family or multifamily residence. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. The private dock exemption applies if either:
(i) 
In salt waters, the fair market value of the dock does not exceed $2,500; or
(ii) 
In fresh waters the fair market value of the dock does not exceed:
(A) 
Twenty thousand dollars for docks that are constructed to replace existing docks, are of equal or lesser square footage than the existing dock being replaced;
(B) 
Ten thousand dollars for all other docks constructed in fresh waters;
However, if subsequent construction occurs within five years of the completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of the Shoreline Management Program. For the purpose of this section, saltwater shall include the tidally influenced marine and estuarine water areas of the state including the Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia, and Puget Sound and all associated bays, inlets, and estuaries.
(i) 
Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters including return flow and artificially stored ground water for the irrigation of lands; provided, that this exemption shall not apply to construction of new irrigation facilities proposed after December 17, 2003.
(j) 
The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water.
(k) 
Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, that were created, developed or utilized, primarily as a part of an agricultural drainage or diking system.
(l) 
Any project with a certification from the governor pursuant to Chapter 80.50 RCW.
(m) 
Site exploration and investigation activities that are prerequisite to preparation of a development application for authorization under the Shoreline Management Program, if:
(i) 
The activity does not interfere with the normal public use of surface waters;
(ii) 
The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality and aesthetic values;
(iii) 
The activity does not involve the installation of any structure and, upon completion of the activity, the vegetation and land configuration of the site are restored to conditions existing before the activity;
(iv) 
A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the director to ensure that the site is restored to preexisting conditions; and
(v) 
The activity is not subject to the permit requirements of RCW 90.58.550.
(n) 
The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that is recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C RCW.
(o) 
Watershed restoration projects as defined in Chapter 23.60 WCC and WAC 173-27-040(2)(o). The director shall review the projects for consistency with the Shoreline Management Program in an expeditious manner and shall issue its decision along with any conditions within 45 days of receiving a complete application form from the applicant/proponent. No fee may be charged for accepting and processing applications for watershed restoration projects as defined in Chapter 23.60 WCC (Definitions).
(p) 
A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, including restoring native kelp, eelgrass beds and native oysters, when all of the following apply:
(i) 
The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose;
(ii) 
The project received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 77.55 RCW; and
(iii) 
The director has determined that the project is consistent with the Shoreline Management Program. The director shall make such determination in a timely manner and provide it by letter to the project proponent.
(q) 
The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 or to otherwise provide physical access to the structure by individuals with disabilities.
(3) 
Statements of Exemption.
(a) 
Statements of exemption are considered Type I applications pursuant to WCC § 22.05.020 (Land Use Review and Approval Process Table).
(b) 
The director is hereby authorized to grant or deny requests for statements of exemption from the shoreline substantial development permit process for developments, uses, or activities within shorelines that are specifically listed in subsection (2) of this section.
(c) 
Exempt activities shall not be conducted until a statement of exemption has been obtained from the director; provided, that no statement of exemption is required for emergency development pursuant to WAC 173-27-040(2)(d) and that other project permits (e.g., building permits), at the director's discretion, may serve as a statement of exemption when they contain a statement of review and compliance with the Shoreline Management Program.
(d) 
Whether or not a written statement of exemption is issued, all permits issued within the area of shorelines shall include a record of review actions prepared by the director, including compliance with bulk and dimensional standards and policies and regulations of the Shoreline Management Program.
(e) 
A notice of decision for shoreline statements of exemption shall be provided to the applicant/proponent and any party of record. Such notices shall also be filed with the Department of Ecology, pursuant to the requirements of WAC 173-27-050, when the project is subject to one or more of the following federal permitting requirements:
(i) 
A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899. (The provisions of Section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or
(ii) 
A Section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of Section 404 of the Federal Water Pollution Control Act generally apply to any project that may involve discharge of dredge or fill material to any water or wetland area. Specific applicability information should be obtained from the Corps of Engineers.)
(Ord. 2024-047 § 2 (Exh. E))
(1) 
A shoreline substantial development permit shall be required for all proposed uses, development, and activities within the shoreline jurisdiction unless the proposal is specifically exempt pursuant to WCC § 22.07.020 (Exemptions).
(2) 
All shoreline substantial development permits are considered Type II permits (see WCC § 22.05.020, Land Use Review and Approval Process Table), except those the director has determined meet any one of the following criteria, in which case it shall be considered a Type III permit:
(a) 
The proposal has a cost or market value in excess of $500,000, except for single-family residences, agriculture, and commercial forestry; or
(b) 
The proposal is determined to have a significant adverse impact on the environment and an environmental impact statement is required in accordance with the State Environmental Policy Act; or
(c) 
The proposal requires a shoreline variance and/or Type III shoreline conditional use approval pursuant to WCC Title 23 (Shoreline Management Program).
(3) 
In order to be approved, the decision maker must find that the proposal is consistent with the Shoreline Management Act and the Shoreline Management Program.
(4) 
The granting of all shoreline substantial development permits should remain consistent with the policy of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions and processes or other users.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
The purpose of a shoreline conditional use permit is to allow greater flexibility in administering the use regulations of the Shoreline Management Program in a manner consistent with the policy of RCW 90.58.020. In authorizing a shoreline conditional use, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use.
(2) 
Uses specifically classified or set forth in WCC Title 23 (Shoreline Management Program) as shoreline conditional uses and unlisted uses may be authorized, provided the applicant/proponent can demonstrate all of the following:
(a) 
That the proposed use will be consistent with the policy of RCW 90.58.020 and the Shoreline Management Program.
(b) 
That the proposed use will not interfere with normal public use of public shorelines.
(c) 
That the proposed use of the site and design of the project will be compatible with other permitted uses within the area.
(d) 
That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located.
(e) 
That the public interest suffers no substantial detrimental effect.
(3) 
All shoreline conditional use permits are considered Type III permits (see WCC § 22.05.020, Land Use Review and Approval Process Table), except those for single-family residential development, uses, or activities, which shall be processed as a Type II permit.
(4) 
Other uses not specifically classified or set forth in WCC Title 23 (Shoreline Management Program), including the resumption of a nonconforming use pursuant to WCC § 23.50.010 (Nonconforming uses), may be authorized as shoreline conditional uses, provided the applicant/proponent can demonstrate that the proposal will satisfy the criteria set forth in subsection (2) of this section, and that the use clearly requires a specific site location on the shoreline not provided for under the Shoreline Management Program, and extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the Shoreline Management Program. Uses that are prohibited cannot be authorized by a shoreline conditional use permit.
(5) 
In the granting of all shoreline conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if shoreline conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the shoreline conditional uses and their impacts should also remain consistent with the policy of RCW 90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and processes or other users.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
The purpose of a shoreline variance is to grant relief to specific bulk or dimensional requirements set forth in the Shoreline Management Program and any associated standards appended to this program such as critical areas buffer requirements where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this program would impose unnecessary hardships on the applicant/proponent or thwart the policy set forth in RCW 90.58.020. Use restrictions may not be varied.
(2) 
Shoreline variances are considered Type III applications pursuant to WCC § 22.05.020 (Land Use Review and Approval Process Table).
(3) 
Shoreline variances will be granted in any circumstance where denial would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.
(4) 
Shoreline variances for development and/or uses that will be located landward of the ordinary high water mark (OHWM) and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following:
(a) 
That the strict application of the bulk or dimensional criteria set forth in WCC Title 23 (Shoreline Management Program) precludes or significantly interferes with reasonable permitted use of the property;
(b) 
That the hardship described in subsection (1) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the Shoreline Management Program, and not, for example, from deed restrictions or the applicant's/proponent's own actions;
(c) 
That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Shoreline Management Program and will not cause adverse impacts to the shoreline environment;
(d) 
That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief;
(e) 
That the public interest will suffer no substantial detrimental effect;
(f) 
That the public rights of navigation and use of the shorelines will not be materially interfered with by the granting of the variance; and
(g) 
Mitigation is provided to offset unavoidable adverse impacts caused by the proposed development or use.
(5) 
Shoreline variances for development and/or uses that will be located waterward of the ordinary high water mark (OHWM) or within any wetland may be authorized, provided the applicant can demonstrate all of the following:
(a) 
That the proposal is consistent with the criteria established under subsection (4) of this section; and
(b) 
That the public rights of navigation and use of the shorelines will not be adversely affected.
(6) 
In the granting of shoreline variances, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if shoreline variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policy of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions and processes or other users.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
After all local permit administrative appeals or reconsideration periods are complete, the county will deliver the final permit using return receipt requested mail or email to the Department of Ecology regional office and the Attorney General.
(2) 
Proposals that require both shoreline conditional use permits and shoreline variances shall be delivered simultaneously with any shoreline permit for the project.
(3) 
The permit and documentation of final local decision will be delivered together the following information:
(a) 
A copy of the complete application;
(b) 
Findings and conclusions that establish the basis for the decision, including but not limited to identification of shoreline environment designation(s), applicable Shoreline Management Program policies and regulations, and the consistency of the project with appropriate review criteria for the type of permit(s);
(c) 
The final decision of the local government;
(d) 
A completed permit data sheet (WAC 173-27-990, Appendix A); and
(e) 
Where applicable, local government shall also file the applicable documents required by SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under Chapter 43.21C RCW.
(f) 
When the project has been modified in the course of the local review process, plans or text shall be provided that clearly indicate the final approved plan.
(4) 
Development pursuant to a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit shall not begin and shall not be authorized until 21 days after the "date of filing," as defined in WCC Title 23 (Shoreline Management Program) and RCW 90.58.140(6), or until all review proceedings before the Shorelines Hearings Board have terminated.
(5) 
Upon approval of a permit revision, the decision maker shall file a copy of the revised site plan and a detailed description of the authorized changes to the original permit with the Department of Ecology together with a final ruling and findings supporting the decision based on the requirements of this section. In addition, the decision maker shall notify parties of record of the action.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
A revision is required whenever the applicant/proponent proposes substantive changes to the design, terms, or conditions of a project from that approved in the permit and/or statement of exemption. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the Shoreline Management Program, or the Act.
(2) 
An application for a revision to a shoreline permit shall be submitted to the director. The application shall include detailed plans and text describing the proposed changes. The county decision maker that approved the original permit may approve the request upon finding that the proposed changes are within the scope and intent of the original approval, and are consistent with the Shoreline Management Program and the Act.
(3) 
"Within the scope and intent of the original approval"
means all of the following:
(a) 
No additional over-water construction is involved except that a pier, dock, or floating structure may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;
(b) 
Ground area coverage and/or height may be increased a maximum of 10 percent over that approved under the original approval;
(c) 
The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the Shoreline Management Program except as authorized under a variance granted as the original permit or a part thereof;
(d) 
Additional or revised mitigation and/or landscaping is consistent with any conditions attached to the original approval and with the Shoreline Management Program;
(e) 
The use authorized pursuant to the original approval is not changed; and
(f) 
The revision will not cause adverse environmental impacts beyond those originally authorized in the approval.
(4) 
Revisions to shoreline permits may be authorized after the original authorization has expired pursuant to WCC § 22.07.080 (Expiration of shoreline permits). Revisions made after the expiration of the original approval shall be limited to changes that meet the definition of a shoreline exemption and are consistent with the Shoreline Management Program.
(5) 
The provisions of this section shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original approval; provided the revision approval shall expire within one year from the date of approval, tolling of expiration does not apply to revision approvals.
(6) 
A new permit shall be required if the proposed revision and any previously approved revisions in combination would constitute development beyond the scope and intent of the original approval as set forth in subsection (3) of this section.
(7) 
The revision approval, including the revised site plans and text consistent with the provisions of WAC 173-27-180 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with the Department of Ecology pursuant to WCC § 22.07.060 (Filing shoreline permits with the Department of Ecology). In addition, the county shall notify parties of record of its action.
(8) 
If the proposed revision is to a development for which a shoreline conditional use or shoreline variance was issued, the decision maker shall submit the revision to the Department of Ecology for approval with conditions or denial, and shall indicate that the revision is being submitted under the requirements of this subsection.
(9) 
Under the requirements of WAC 173-27-110(6), the Department shall render and transmit to the decision maker and the applicant/proponent its final decision within 15 days of the date of the Department's receipt of the submittal from the decision maker. The decision maker shall notify parties on record of the Department's final decision.
(Ord. 2024-047 § 2 (Exh. E))
(1) 
Expiration of shoreline statements of exemptions shall be in accordance with WCC § 22.05.140 (Expiration of project permits).
(2) 
The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a shoreline variance or shoreline conditional use permit:
(a) 
Construction shall be commenced or, where no construction is involved, the use or activity shall be commenced, within two years of the effective date of a shoreline permit or the permit shall expire; provided, that the hearing examiner or director, as appropriate, may authorize a single extension for a period of not more than one year based on a showing of good cause if a request for extension has been filed with planning and development services before the expiration date of the shoreline permit. The director shall provide notice of the proposed extension to parties of record and the Department of Ecology.
(b) 
Authorization to conduct development activities shall terminate five years after the effective date of a shoreline permit; provided, that the hearing examiner or director, as appropriate, may authorize a single extension for a period of not more than one year based on a showing of good cause, if a request for extension has been filed with planning and development services before the expiration date of the shoreline permit. The director shall provide notice of the proposed extension to parties of record and the Department of Ecology.
(c) 
The effective date of a shoreline permit shall be the date of filing as provided in RCW 90.58.140(6).
(d) 
Tolling. The effective date does not include the time during which a development, use, or activity was not actually pursued due to the need to obtain other government permits and approvals for which the issued shoreline permit authorizes, including the pendency of all reasonably related administrative appeals or legal actions on any such permits or approval. The applicant/proponent shall be responsible for informing the county of such pendency.
(3) 
Notwithstanding the time limits established in subsection (2) of this section, upon a finding of good cause based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of the Shoreline Management Program and the Act, the hearing examiner or director, as appropriate, may set different time limits for a particular substantial development permit or exemption as part of the action to approve the permit or exemption. The hearing examiner may also set different time limits on specific shoreline conditional use permits or shoreline variances with the approval of the Department of Ecology. The different time limits may be longer or shorter than those established in subsection (2) of this section but shall be appropriate to the shoreline development or use under review. "Good cause based on the requirements and circumstances of the proposed project" shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources.
(4) 
When permit approval includes conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to the commencement of a nonstructural activity; provided, that different time limits for compliance may be specified in the conditions of approval as appropriate.
(5) 
The director, as needed, shall notify the Department of Ecology in writing of any change to the effective date of a permit with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized shall require a new permit application.
(6) 
All shoreline permits shall expire as indicated in subsection (2) of this section; however, regardless of tolling, no shoreline permit shall be valid beyond eight years from the date of filing.
(Ord. 2024-047 § 2 (Exh. E); Ord. 2025-043 Exh. A)