RCW 90.58.140(3) requires local governments to establish a program, consistent with the rules adopted by Ecology, for the administration and enforcement of shoreline development. This program is intended to establish a cooperative program between Whatcom County and the state. Whatcom County shall have the primary responsibility for administering the regulatory program, and Ecology shall act primarily in a supportive and review capacity, in accordance with RCW 90.58.050.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Unless specifically exempted by statute, or as excluded below, this program shall apply to any proposed development, use, or activity occurring within shoreline jurisdiction. Such development, use, or activity must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this master program whether or not a permit is required.
B. 
Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided, without full compliance with this program, including Chapter 16.16 WCC (Critical Areas).
C. 
No substantial development shall be undertaken within shorelines by any person without first obtaining a substantial development permit from Whatcom County; provided, that such a permit shall not be required for the exempt activities listed in WCC § 22.07.020 (Exemptions from shoreline substantial development permits).
D. 
All developments, uses and activities on shorelines shall be subject to the policies and regulations of this program in addition to any other applicable regulations of the Whatcom County Code.
E. 
Application Within Federal Reserves or Lands.
1. 
Areas and uses in those areas that are under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of Chapter 90.58 RCW (SMA).
2. 
As recognized by RCW 90.58.350, nothing in this program shall affect any rights established by treaty to which the United States is a party.
3. 
The Act and this program, including the permit system, shall apply to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease, or agreement, even though such lands may fall within the external boundaries of a federal ownership.
F. 
Direct federal agency activities affecting the uses or resources subject to the Act must be consistent to the maximum extent practicable with the enforceable provisions of the Act and with this master program as required by WAC 173-27-060.
G. 
This master program shall apply to all unincorporated urban lands until such time as a city meets the requirements of WAC 173-26-150 or 173-26-160 for predesignation of urban growth areas (UGAs) or amends its master program as appropriate.
H. 
This program shall not apply to:
1. 
Activities undertaken to comply with a United States Environmental Protection Agency Superfund-related order, or a Washington Department of Ecology order pursuant to the Model Toxics Control Act (such as the Swift Creek Sediment Management Action Plan), or a Department of Homeland Security order that specifically preempts local regulations in the findings of the order.
2. 
Pursuant to RCW 90.58.045 regarding environmental excellence program agreements, notwithstanding any other provision of law, any legal requirement under the Shoreline Management Act, 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 Chapter 43.21K RCW.
3. 
The holder of a certification from the Governor pursuant to Chapter 80.50 RCW shall not be required to obtain a permit under Chapter 90.58 RCW.
I. 
Pursuant to RCW 90.58.140(12), a permit is not required in order to dispose of dredged materials at a disposal site approved through the cooperative planning process referenced in RCW 79.105.500, provided the dredged material disposal proponent obtains a valid site use authorization from the Dredged Material Management Program office within the Department of Natural Resources.
(Ord. 2024-047 § 2 (Exh. D))
A. 
The director is hereby authorized to:
1. 
Administer this program.
2. 
Determine if a public hearing should be held on a shoreline permit application by the hearing examiner pursuant to WCC Title 22 (Land Use and Development).
3. 
Grant or deny statements of exemption.
4. 
Authorize, approve, or deny shoreline substantial development permits, except for those for which the hearing examiner or county council is the designated decision maker.
5. 
Enforce the code pursuant to WCC § 23.10.060 (Violations, enforcement, and penalties), including issuing stop work orders pursuant to the procedure set forth in WAC 173-27-270 and this program, upon a person undertaking an activity on shorelines in violation of Chapter 90.58 RCW or this program; and seek remedies for alleged violations of this program's regulations, or of the provisions of the Act, or of conditions of approval for all project permits with conditions of approval for consistency with this program issued by Whatcom County.
6. 
Decide whether or not a proposal is subject to the consolidated review process of Chapter 22.05 WCC (Project Permits) and determine what other permits are required to be included in the consolidated review.
7. 
Make field inspections as needed, and prepare or require reports on a shoreline permit or statement of exemption application.
8. 
Make written recommendations to the county council or hearing examiner as appropriate and insofar as possible ensure that all relevant information, testimony, and questions regarding a specific matter are made available during their respective reviews of such matter.
9. 
Propose amendments to the planning commission deemed necessary to more effectively or equitably achieve the purposes and goals of this program.
10. 
Advise interested persons and prospective applicants/proponents as to the administrative procedures and related components of this program.
11. 
Collect fees as provided for in WCC Title 22 (Land Use and Development).
12. 
Ensure that proper notice is given to interested persons and the public as required by WCC Title 22 (Land Use and Development).
13. 
Review administrative and management policies, regulations, plans, and ordinances relative to lands under county jurisdiction that are adjacent to shorelines so as to achieve a use policy on such lands that is consistent with the Act and this program.
14. 
Review and evaluate the records of project review actions in shoreline environments and report on the cumulative effects of authorized development of shoreline conditions. The director shall coordinate such review with the Washington Department of Ecology, the Washington Department of Fish and Wildlife, the Lummi Nation and Nooksack Tribe, and other interested parties.
15. 
Develop administrative guidance materials related to the interpretations of principles and terms in this program as required to provide for consistent and equitable implementation of this program. Such administrative guidance documents shall be provided to Washington State Department of Ecology.
B. 
The Whatcom County planning commission is hereby vested with the responsibility to periodically review the program as a major element of the county's planning and regulatory program, and make recommendations for amendments thereof to the county council.
C. 
The Whatcom County council is hereby vested with authority to:
1. 
Initiate an amendment to this program according to the procedures prescribed in WAC 173-26-100.
2. 
Adopt all amendments to this program, after consideration of the recommendation of the planning commission and pursuant to the procedural requirements of Chapter 2.02 WCC; provided, that substantive amendments shall become effective 14 days from the Department of Ecology's written notice of final action.
3. 
Make final county decisions or recommendations, as applicable, with regard to shoreline permit, shoreline variance, or shoreline conditional use applications that require county council action on a consolidated review as provided by Chapter 22.05 WCC.
(Ord. 2024-047 § 2 (Exh. D))
A. 
The regulations of this program shall be interpreted to allow the development, use, or activity as described in the general regulations and/or specific use regulations only when the proposal is designed, constructed, and/or mitigated to provide no net loss of or a net lift to ecological functions and ecosystem-wide processes.
B. 
The policies of Chapter 11 (Shorelines) of the Comprehensive Plan shall guide interpretation of the regulations.
C. 
Conflict between the provisions of this program and the WACs implementing the Act must be resolved in accordance with the WACs; provided, that conflict between the provisions of the WACs implementing the Act and the Act must be resolved in accordance with the Act.
D. 
In case of conflict between the provisions of this program and Whatcom County Code or the laws, regulations, codes, or rules promulgated by any other authority having jurisdiction within Whatcom County, the more restrictive requirements shall apply, except when constrained by federal or state law.
E. 
As provided for in RCW 90.58.900, the Act is exempt from the rule of strict construction, and this program, including these regulations, shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies of the Act for which this program was enacted and adopted, respectively.
F. 
Within shoreline jurisdiction, the regulations of Chapter 16.16 WCC adopted pursuant to WCC § 23.05.050 (Critical areas) shall be liberally construed together with the program to give full effect to the objectives and purposes of the provisions of the program and Act.
(Ord. 2024-047 § 2 (Exh. D))
A. 
To be authorized, all shoreline development, uses, or activities shall be done in a manner consistent with this 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.
B. 
The applicable provisions of WCC Title 22 (Land Use and Development) shall govern the processing of permits required under this title. If any conflict should exist between WCC Title 22 and this program, the provisions of this program shall prevail.
(Ord. 2024-047 § 2 (Exh. D))
A. 
The director, when necessary in consultation with the Department of Ecology, is authorized to adopt such rules as are necessary and appropriate to carry out the provisions of the Shoreline Management Act (RCW 90.58.200) and Chapter 173-27 WAC, Part II. The Act calls for a cooperative program between local government and the state. It provides for a variety of means of enforcement, including civil and criminal penalties, orders to cease and desist, orders to take corrective action, and permit rescission.
B. 
In addition to the following provisions, this title shall be enforced in accordance with Chapter 20.94 WCC (Enforcement and Penalties) and WAC 173-27-240 through 173-27-300 or their successors.
C. 
To achieve no net loss, if a development, use, or activity has occurred in violation of this program, prompt restoration or mitigation of any adverse impacts shall be provided. The standard mitigation ratio for the critical area or buffer impacts shall be doubled to address temporal loss when appropriate. If this provision is not complied with, the county may restore or mitigate the site and charge the responsible person for the full cost of such an activity. Additionally, any and all permits or approvals issued by the county may be denied for that property for a period of up to six years.
D. 
Any responsible party that willfully refuses to complete a required restoration plan pursuant to this section shall be guilty of a misdemeanor and, in addition to the requirement of subsection C of this section, shall provide shoreline restoration equal to double the square footage of the impacted area.
E. 
Pursuant to WCC § 22.05.150 (Permit revocation), the county may revoke a permit if the applicant violates the conditions or limitations set forth in the permit or exceeds the scope of the work set forth in the permit.
(Ord. 2024-047 § 2 (Exh. D))
Structures or development on shorelines considered by the director to present a hazard or other public nuisance to persons, properties, or natural features may be abated by the county under the provisions of WCC Title 15 (Buildings and Construction) and Chapter 22.15 WCC
((Ord. 2024-047 § 2 (Exh. D); Code Enforcement) or successor, or by other appropriate means)
In approving any application or exemption for a shoreline development, the director may require the posting of a financial surety to ensure continued compliance with any conditions imposed, including the construction of improvements, the adherence to county standards, and/or maintenance, repair or replacement of such improvements. The financial surety shall be in a form acceptable to the county's attorney. In the event a condition occurs warranting the use of financial surety, the director may act under such financial surety or may perform the work required at the county's expense, which expense shall be a lien against the property, enforceable as would be a judgment thereon.
(Ord. 2024-047 § 2 (Exh. D))
A. 
Amendments to the shoreline management program, including both Comprehensive Plan policies and regulations of this title, shall be processed pursuant to Chapter 22.10 WCC (Legislative Action Procedures).
B. 
All regulatory elements of this program shall be considered a part of the county's development regulations. Certain nonregulatory elements of this master program, including but not limited to the shoreline restoration plan or administrative procedures (WCC Title 22), may be updated and amended at any time without requiring a formal master program amendment. Future changes to WCC Title 22 shall remain consistent with the Shoreline Management Act and associated rules, specifically RCW 90.58.140, 90.58.143, 90.58.210, 90.58.220 and Chapter 173-27 WAC.
C. 
After approval or disapproval of a program amendment by the Department of Ecology as provided in RCW 90.58.090, the county shall publish a notice that the program amendment has been approved or disapproved by the Department of Ecology. For the purposes of RCW 36.70A.290, the date of publication for the amendment of a program is the date the county publishes notice that the program amendment has been approved or disapproved by the Department of Ecology.
D. 
The director shall submit an annual report to the county council reviewing the effectiveness of the program in achieving its stated purpose, goals, and objectives. Such report may also include any proposed amendments deemed necessary to increase its effectiveness or equity. If said report contains proposed amendments, the council may schedule a public hearing to consider such matter in accordance with the procedure described in subsection A of this section. Said report shall also include a determination of whether or not the goal of no net loss of shoreline ecological function is being achieved and provide recommendations for achieving and maintaining the goal.
(Ord. 2024-047 § 2 (Exh. D))