As provided in the Whatcom County Comprehensive Plan, Chapter 11 (Shorelines), Whatcom County's shorelines provide valuable habitat for fish and wildlife, economic diversity, and recreational opportunities used by residents of all ages. Shorelines play an important role in enhancing the quality of life for our county's citizens. Therefore, the purpose of the master program is to guide the future development of the county's shorelines in a manner consistent with the Shoreline Management Act of 1971 (hereinafter referred to as the "Act"). The Act and this program, in conjunction with other county land use regulations, comprise the basic state and county law regulating use of shorelines in the county.
(Ord. 2024-047 § 2 (Exh. D))
This title, taken together with Chapter 11 (Shorelines) of the Whatcom County Comprehensive Plan, shall be known and may be cited as "The Whatcom County Shoreline Management Program." Herein, this title together with Chapter 11 of the Comprehensive Plan may be referred to as the "SMP" or the "program."
(Ord. 2024-047 § 2 (Exh. D))
A.
Consistent with RCW 36.70A.480, the goals and policies of this program approved under Chapter 90.58 RCW are included as Chapter 11 (Shorelines) of the county's Comprehensive Plan. All regulatory elements of this program shall be considered a part of the county's development regulations.
B.
Uses, developments, and activities regulated by this program may be independently subject to the Whatcom County Comprehensive Plan, the Whatcom County Code (WCC), the Washington State Environmental Policy Act, and various other federal, state, and county laws.
C.
Obtaining a shoreline permit or statement of exemption for a development or use does not excuse the applicant/proponent from complying with any other local, tribal, state, regional, or federal statutes or regulations applicable to such development or use. The responsibility for determining applicable statutes and regulations and complying with the same rests with the applicant/proponent or responsible person carrying out the use or development in question. The applicant must comply with all applicable laws prior to commencing any uses, development, or activity.
D.
Should a conflict occur between the provisions of this program or between this program and the laws, regulations, codes, or rules promulgated by Whatcom County or any other authority having jurisdiction within Whatcom County, the more restrictive requirements shall apply, except when constrained by federal or state law, or where specifically provided otherwise in this program.
E.
Relationship to Other County Regulations.
2.
The permitting procedures necessary for implementing this program are found in WCC Title 22 (Land Use and Development).
a.
All shoreline permits shall be obtained prior to issuance of a building permit; provided, that any permit issued by the building official for such development shall be subject to the same terms and conditions that apply to the shoreline permit.
b.
A statement of exemption shall be obtained prior to issuance of the building permit; provided, that review for compliance with this title may be completed as part of a building permit or nonshoreline permit.
c.
A record of review documenting compliance with bulk and dimensional standards as well as policies and regulations of this program shall be included in the permit review. Conditions of approval for compliance with this title shall be added to such permit. The conditions of approval shall be enforced with the provisions of WCC § 23.10.060 (Violations, enforcement, and penalties).
d.
Project permits are subject to consolidated review pursuant to Chapter 22.05 WCC (Project Permits). The designated decision maker for such permits shall document compliance with the policies and regulations of this program and shall attach conditions to such approvals as required to make such development consistent with this program.
3.
Other local ordinances that may be applicable to shoreline development or use include, but are not limited to:
F.
Relationship to Other State, Tribal, and Federal Regulations.
1.
Where this program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply.
2.
This program shall be applied consistent with all federal, state, and local laws affecting tribal rights.
3.
The rights of treaty tribes to resources within their usual and accustomed areas shall be accommodated through the notification and comment provisions of the permit review process. Tribal treaty rights may be addressed through specific permit conditions. Direct coordination between tribes and the applicant/proponent is encouraged.
4.
Coastal Zone Management Act consistency reviews for sites within federal jurisdiction shall apply the shoreline environment designation criteria of Chapter 11 (Shorelines) of the Comprehensive Plan that most closely correspond to the project site in order to determine applicable program policies.
(Ord. 2024-047 § 2 (Exh. D))
A.
The Whatcom County critical areas regulations (CAO), Chapter 16.16 WCC (Ordinance No. 2024-047, dated September 4, 2024), are hereby adopted in whole as a part of this program, except that the provisions of WCC § 16.16.270 (Reasonable use exceptions), 16.16.275 (Nonconforming uses, structures, and lots), 16.16.285 (Penalties and enforcement) and as specifically excluded elsewhere within this title shall not apply within shoreline jurisdiction. All references to the critical areas ordinance (CAO), Chapter 16.16 WCC, are for this specific version.
(Ord. 2024-047 § 2 (Exh. D))
A.
As provided for in RCW 90.58.290, the restrictions imposed upon use of real property through implementation of policies and regulations of the Act and this program shall be duly considered by the county assessor and the county board of equalization in establishing the fair market value of such properties.
B.
Designation of private property as a natural or conservancy shoreline environment pursuant to Chapter 23.20 WCC (Shoreline Jurisdiction and Environment Designations) shall qualify the property as meeting the definition of "open space land" under the Open Space Taxation Act of 1970, as amended (RCW 84.34.020(1)) and shall qualify such land for application for open space taxation in accordance with RCW 84.34.037 and Chapter 3.28 WCC (Open Space Land Classification).
(Ord. 2024-047 § 2 (Exh. D))
A.
Regulation of private property to implement program goals, such as public access and protection of ecological functions and processes, must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, the protections afforded by the federal and state constitutions, and federal, state, and local laws.
B.
In issuing shoreline permits or statements of exemptions, the decision maker shall ensure that conditions imposed relate to the governmental authority and responsibility to protect the public health, safety, and welfare, are consistent with the purposes of the Act, and are roughly proportional to the expected impact.
C.
This program does not alter existing law on access to or trespass on private property and does not give the general public any right to enter private property without the owner's permission.
D.
Consistent with Whatcom County's high standard of staff conduct, county staff shall observe all applicable federal, state, and county laws regarding entry onto privately owned property.
(Ord. 2024-047 § 2 (Exh. D))
The Act and this program adopted pursuant thereto, in conjunction with other applicable county land use regulations, comprise the basic state and county law regulating use of shorelines in the county. In the event provisions of this program conflict with other applicable county policies or regulations, the more restrictive shall prevail. Should any section or provision of this program be declared invalid, such decision shall not affect the validity of this program as a whole.
(Ord. 2024-047 § 2 (Exh. D))
This program and all amendments thereto shall become effective 14 days from the Department of Ecology's written notice of final action.
(Ord. 2024-047 § 2 (Exh. D))