(1) 
The purposes of this shoreline master program are to:
(a) 
Guide the future use and development of Jefferson County's shorelines in a positive, effective, and equitable manner consistent with the Washington State Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended; and
(b) 
Promote the health, safety, and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for use and development of Jefferson County shorelines; and
(c) 
Ensure, at minimum, no net loss of shoreline ecological functions and processes; and
(d) 
Plan for restoring shorelines that have been impaired or degraded in the past; and
(e) 
Adhere to the policies contained in RCW 90.58.020 for shorelines of the state:
It is the policy of the State to provide for the management of the shorelines of the State by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner, which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates 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, while protecting generally public rights of navigation and corollary rights incidental thereto...
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the State shall be preserved to the greatest extent feasible consistent with the overall best interest of the State and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the State's shoreline. Alterations of the natural condition of the shorelines of the State, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the State, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the State, and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the State.
Permitted uses in the shorelines of the State shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water.
(Ord. 7-13 Exh. A (Art. I § 1))
(1) 
All proposed uses and development, as defined in Article II of this chapter, occurring within shoreline jurisdiction shall comply with this program and Chapter 90.58 RCW. This program applies to all uses and developments within shoreline jurisdiction whether or not a shoreline permit or statement of permit exemption is required.
(2) 
This program's shoreline uses and developments shall be classified as follows:
(a) 
Permitted Uses and Developments. Uses and developments that are consistent with this program and Chapter 90.58 RCW. Such uses/developments shall require a shoreline substantial development permit, a shoreline conditional use permit, a shoreline variance, and/or a statement that the use/development is exempt from a shoreline substantial development permit.
(b) 
Prohibited Uses and Developments. Uses and developments that are inconsistent with this program and/or Chapter 90.58 RCW and which cannot be allowed through any permit or variance.
(3) 
Classification of a use or development as permitted does not necessarily mean the use/development is allowed. It means the use/development may be permitted subject to review and approval by the county and/or the Department of Ecology. Many permitted uses/developments, including those that do not require a substantial development permit, can individually or cumulatively affect adjacent properties and/or natural resources and therefore must comply with this program in order to avoid or minimize such adverse impacts. The county may attach conditions of approval to any permitted use via a permit or statement of exemption as necessary to assure consistency of the project with the Shoreline Management Act and this program.
(4) 
This program shall apply to:
(a) 
All of the lands and waters of Jefferson County that fall under the jurisdiction of Chapter 90.58 RCW; and
(b) 
Every person, individual, firm, partnership, association, organization, local or state governmental agency, public or municipal corporation, or other nonfederal entity; and
(c) 
All nonfederal uses and developments undertaken on federal lands and on lands subject to nonfederal ownership, lease, or easement, even though such lands may fall within the external boundaries of federally owned lands[1].
[1]
Wording from WAC 173-27-060(3).
(5) 
Federal agencies are subject to this program and Chapter 90.58 RCW, as provided by the Coastal Zone Management Act (16 U.S.C. 1451 et seq. and WAC 173-27-060(1)).
(6) 
The provisions of this program shall not apply to lands held in trust by the United States for Indian Nations, tribes or individuals. Where tribal concerns are expressed in relation to SMP jurisdiction, those shall be resolved through appropriate government to government consultation in accordance with Washington State Centennial Accord and the RCW.
(Ord. 7-13 Exh. A (Art. I § 2))
(1) 
The goals, policies and regulations of this program are based on the governing principles in WAC 173-26-186 and the policy statements of RCW 90.58.020.
(2) 
Any inconsistencies between this program and Chapter 90.58 RCW must be resolved in accordance with the RCW.
(3) 
The planning policies of this program may be achieved by diverse means, one of which is regulation. The county may also acquire land, implement capital projects and programs, encourage voluntary measures, create incentive programs, or use other means to implement this program's planning policies.
(4) 
When regulating use and development of private property, the county's actions must be consistent with all relevant legal limitations including constitutional limitations. This program must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property.
(5) 
The regulatory provisions of this program are limited to shorelines of the state, whereas the planning functions of this program may extend beyond shoreline jurisdiction.
(6) 
The policies and regulations of this program must be integrated and coordinated with the policies and rules of the Jefferson County Comprehensive Plan (Comprehensive Plan) and its implementing development regulations adopted under the Growth Management Act (Chapter 36.70A RCW).
(7) 
The policies and regulations of this program are intended to protect shoreline ecological functions by:
(a) 
Requiring that current and potential ecological functions be identified and understood when evaluating new uses and developments.
(b) 
Requiring adverse impacts to be mitigated in a manner that ensures no net loss of shoreline ecological functions. Mitigation, as defined in Article II of this chapter, shall include avoiding first, then minimizing, and then replacing/compensating for lost functions and/or resources.
(c) 
Ensuring that all uses and developments, including preferred uses and uses that are exempt from a shoreline substantial development permit, will not cause a net loss of shoreline ecological functions.
(d) 
Preventing, to the greatest extent practicable, cumulative impacts from individual developments.
(e) 
Fairly allocating the burden of preventing cumulative impacts among development opportunities.
(f) 
Including regulations and regulatory incentives to restore shoreline ecological functions where such functions have been degraded by past actions.
(Ord. 7-13 Exh. A (Art. I § 3))
This document shall be known as the Jefferson County shoreline master program ("the master program" or "this program").
(Ord. 7-13 Exh. A (Art. I § 4))
(1) 
The Jefferson County critical areas regulations contained in Chapter 18.22 JCC are integral and applicable to this program, and are hereby adopted by reference, except that:
(a) 
Nonconforming use and development within shoreline jurisdiction shall be subject to this program and not JCC § 18.22.240.
(b) 
Exceptions to critical area and buffer standards shall be allowed as described in Article VI (JCC § 18.25.270(5)) of this program.
(c) 
Activities that are exempt from critical areas regulation per JCC § 18.22.230 shall comply with this program. Such activities may require a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit unless this program and RCW 90.58.030(3)(e) specifically indicate the activity is exempt from shoreline substantial development permit requirements. This provision shall not apply to agricultural activities on agricultural lands, which are exempt from both JCC § 18.22.230 and this program.
(2) 
The provisions of Chapter 18.22 JCC shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required.
(3) 
Within shoreline jurisdiction, the regulations of Chapter 18.22 JCC shall be liberally construed together with this program to give full effect to the objectives and purposes of the provisions of this program and Chapter 90.58 RCW.
(4) 
All references to the critical areas ordinance are for the version adopted on March 17, 2008, as Ordinance No. 03-0317-08, and further amended on May 11, 2009, as Ordinance No. 06-0511-09.
(5) 
Ocean uses and activities conducted within Jefferson County's and the state of Washington's jurisdiction shall comply with Chapter 43.143 RCW (Ocean Resources Management Act) and WAC 173-26-360 (Ocean Management). Nothing in this subsection is intended to expand or modify the applicability of Chapter 43.143 RCW, WAC 173-26-360, or any subsections thereof, to ocean uses and activities not otherwise governed by those laws, administrative rules, or their subsections.
(Ord. 7-13 Exh. A (Art. I § 6))
(1) 
Uses and developments regulated by this program may also be subject to other provisions of the JCC, the Jefferson County Comprehensive Plan, the Washington State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC), and other local, state and federal laws.
(2) 
Project proponents are responsible for complying with all applicable laws prior to commencing any use, development or activity.
(3) 
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.
(4) 
In the event this program conflicts with other applicable county policies or regulations, all regulations shall apply and unless otherwise stated, the more restrictive provisions shall prevail.
(Ord. 7-13 Exh. A (Art. I § 7))
This program is exempt from the rule of strict construction; therefore this program shall be liberally construed to give full effect to its goals, policies and regulations. Liberal construction means that the interpretation of this document shall not only be based on the actual words and phrases used in it, but also by taking its deemed or stated purpose into account. Liberal construction means an interpretation that tends to effectuate the spirit and purpose of the writing. For purposes of this program, liberal construction means that the administrator shall interpret the regulatory language of this program in relation to the broad policy statement of RCW 90.58.020, and make determinations which are in keeping with those policies as enacted by the Washington State Legislature.
(Ord. 7-13 Exh. A (Art. I § 8))
If any section or provision of this program is declared invalid it shall not affect the validity of this program as a whole.
(Ord. 7-13 Exh. A (Art. I § 9))