Article X Administration And Enforcement

Administrator. The director of the Jefferson County department of community development or his/her designee (the administrator) is vested with authority to:

Administer this master program;

Recommend to the hearing examiner approval, approval with conditions, or denial of any permit applications or revisions in accordance with the policies and regulations of this master program and the provisions of the Jefferson County Unified Development Code;

Grant written permit exemptions from shoreline substantial development permit requirements of this master program;

Determine compliance with the State Environmental Policy Act (Chapter 43.21C RCW; Chapter 197-11 WAC);

Specify the required application forms and submittal requirements including the type, details and number of copies;

Advise interested citizens and project proponents of the goals, policies, regulations and procedures of this master program;

(g)

Make administrative decisions and interpretations of the policies and regulations of this master program and the Shoreline Management Act;

(h)

Collect applicable fees;

Determine that application submittals are substantially complete;

(j)

Make field inspections as necessary;

(k)

Submit substantial development permit, variance permit and conditional use permit applications and make written recommendations and findings on such permits to the hearing examiner for his/her consideration and final action;

(l)

Assure that proper notice is given to appropriate persons and the public for all hearings;

(m)

Provide technical and administrative assistance to the hearing examiner as required for effective and equitable implementation of this master program and the Act;

(n)

Provide a summary report of the shoreline permits issued in the past calendar year to the hearing examiner and the Jefferson County board of county commissioners;

(o)

Investigate, develop and propose amendments to this master program as deemed necessary to more effectively and equitably achieve its goals and policies;

(p)

Seek remedies for alleged violations of this master program, the provisions of the Act, or of conditions of any approved shoreline permit issued by the county;

(q)

Coordinate information with affected agencies; and

(r)

Forward any decision on any permit application to the Washington State Department of Ecology for filing or action.

Hearing Examiner. The hearing examiner is vested with the authority and responsibility to:

Approve, condition, or deny shoreline substantial development permits, variance permits and conditional use permits after considering the findings and recommendations of the administrator;

Decide local administrative appeals of the administrator's actions and interpretations, as provided in this program and the county Unified Development Code;

Consider shoreline substantial development permit, variance permit and conditional use permit applications and administrative appeals of the administrator's actions on regular meeting days or public hearings;

Review the findings and recommendations for permit applications or appeals of the administrator's actions and interpretations;

Approve, approve with conditions, or deny substantial development permits, variance permits and conditional use permits;

Conduct public hearings on appeals of the administrator's actions, interpretations and decisions;

(g)

Base all decisions on shoreline permits or administrative appeals on the criteria established in this master program; and

(h)

At his or her sole discretion, require any project proponent granted a shoreline permit to post a bond or other acceptable security with the county, conditioned to assure that the project proponent and/or his or her successors adhere to the approved plans and all conditions attached to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the estimated development cost including attached conditions.

Board of Commissioners.

The Jefferson County board of county commissioners (the BOCC) is vested with the authority to approve any revisions or amendments to this master program in accordance with the applicable requirements of the Act and the Washington Administrative Code.

The BOCC shall review and act upon any recommendations of the shoreline administrator for amendments to, or revisions of, this master program. The BOCC shall enter findings and conclusions setting forth the factors it considered in reaching its decision. To become effective any amendment to this master program must be reviewed and adopted by the Department of Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC.

(Ord. 7-13 Exh. A (Art. X § 1))

§ 18.25.620 Permit application review.

Determinations of the administrator regarding the geographic applicability of this master program, permit exemptions and application submittal requirements shall be processed as Type I decisions pursuant to Chapter 18.40 JCC.

Applications for substantial development permits and variance permits shall be processed as Type III decisions pursuant to the Chapter 18.40 JCC.

Applications for uses/development listed as an administrative conditional use permit (i.e., "C(a)") in Table 18.25.220 shall be processed according to the procedures for Type II land use decisions established in Article IV of Chapter 18.40 JCC.

Applications for uses/developments listed as discretionary conditional use permits (i.e., "C(d)") in Table 18.25.220 shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Article IV of Chapter 18.40 JCC. However, in accordance with Chapter 18.40 JCC, the administrator may on a case-by-case basis refer a discretionary conditional use permit application to the hearing examiner to be processed according to the procedures for Type III land use decisions established in Article IV of Chapter 18.40 JCC.

All amendments to this master program shall be processed as Type V decisions pursuant to Chapter 18.40 JCC.

§ 18.25.630 Minimum permit application requirements.

Whenever the administrator issues a determination or recommendation and/or conditions of approval on a proposal which will result in the denial or substantial alteration of a proposed action, such determinations will be provided in writing stating the relationship(s) between the ecological factors, the proposed action and the condition(s).

(Ord. 7-13 Exh. A (Art. X § 2))

A complete application for a substantial development, conditional use, or variance permit shall contain, as a minimum, all of the information required in any applicable section of this program, all of the information required in JCC § 18.40.100, and any other information the administrator deems pertinent, including at a minimum:

The name, address and phone number of the applicant/proponent, applicant's representative, and/or property owner if different from the applicant/proponent.

The property address and identification of the section, township and range to the nearest quarter, quarter section or longitude and latitude to the nearest minute.

The name of the shoreline (water body) that the site of the proposal is associated with.

A general description of the property as it exists at the time of application including its use, physical and ecological characteristics, improvements and structures.

A general description of the project vicinity including adjacent uses, structures and improvements, development intensity, and physical characteristics.

§ 18.25.640 Preapplication conferences.

A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties.

(7)

A site plan and/or engineered drawings identifying existing conditions consisting of photographs, text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required information.

(8)

Location of the ordinary high water mark of all water bodies within or adjacent to the project boundary. For any development that requires a precise location of the ordinary high water mark, the applicant/proponent shall provide a survey and describe the biological and hydrological basis for the location as indicated on the plans. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the ordinary high water mark of the adjacent shoreline.

(9)

Existing land contours at intervals sufficient to accurately determine the existing character of the property. Areas within the project boundary that will not be altered by the development may be indicated as such and contours approximated for that area.

(10)

Critical areas as designated in Chapter 18.22 JCC.

(11)

A general description of the character of vegetation found on the site.

(12)

A description of the existing ecological functions and processes affecting, maintaining, or influencing the shoreline at/near the project site.

(13)

The dimensions and locations of all existing structures and improvements.

(14)

The dimensions and locations of all proposed structures and improvements including but not limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, material stockpiles or surcharge, and stormwater management facilities.

(15)

Proposed land contours overlain on existing contours. The contours shall be at intervals sufficient to accurately determine the extent of proposed change to the land that is necessary for the development. Areas within the project boundary that will not be altered by the development may be indicated as such and contours approximated for that area.

(16)

A summary characterization of the effects of the project on existing ecological functions and processes in the vicinity of the project. If the project is likely to have adverse effects on shoreline ecological functions or processes, a mitigation plan shall be provided demonstrating measures that will be taken to offset impacts.

(17)

On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and use.

(18)

The administrator may vary or waive the requirements in subsection (1) of this section on a case-by-case basis according to administrative application requirements.

(19)

Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline approvals and permits shall include written findings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations of this program.

(Ord. 7-13 Exh. A (Art. X § 3))

Preapplication conferences are required in accordance with JCC § 18.40.090(2) for projects including, but not limited to:

All Type II and Type III project applications.

Type I project applications proposing impervious surfaces of 10,000 square feet or more and/or non-single-family structures of 5,000 square feet or more.

All projects involving in-water work or work below the ordinary high water mark.

§ 18.25.650 Notice of application and permit application review.

Preapplication conferences for all types of applications not listed in subsection (1) of this section or specified by JCC § 18.40.090(2) are strongly encouraged, and requests for conferences will be considered by the administrator on a time-available basis.

(Ord. 7-13 Exh. A (Art. X § 4))

Public notice requirements shall occur in accordance with Chapter 18.40 JCC, Article III and the following:

Type I permits (statements of exemption) shall not require notice of application or open record hearing consistent with JCC § 18.40.040. However, if a Type I permit is not categorically exempt under SEPA, then a notice may be required.

The administrator shall issue a notice of application on all Type III project permit applications in accordance with Chapter 18.40 JCC, Article III.

Permit application review shall occur in accordance with Chapter 18.40 JCC, Article IV.

(Ord. 7-13 Exh. A (Art. X § 5))

§ 18.25.660 Nonconforming development.

The following shall apply to nonconforming uses and developments, as defined in Article II of this chapter:

Legally established uses, buildings, structures and/or lots of record that do not meet the specific standards of this program are considered legal nonconforming and may continue as long as they remain otherwise lawful, and meet the following criteria:

Existing, Permitted, or Vested. The use, building, structure, or lot was existing on the effective date of initial adoption of this program (December 20, 1974), or any subsequent amendment thereto, or was authorized under a permit or approval issued, or is otherwise vested to this program; or

Variance. A structure for which a variance has been issued; or

Conditional. The existing use is designated as a conditional use under this program and existed prior to the adoption of this program or the adoption of an applicable amendment hereto and which has not obtained a conditional use permit; or

Abandoned. As per JCC § 18.20.260, the use or structure is not discontinued or abandoned for a period more than two years. A property owner may be allowed three years if they demonstrate a bona fide intention to sell or lease the property. For purposes of calculating this time period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:

On the date when the land was physically vacated;

(ii)

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; or

(iii)

On the date of termination of any lease or contract under which the nonconforming use has occupied the land.

Normal maintenance and repair of a nonconforming structure may be allowed in accordance with JCC § 18.25.560, and other provisions of this program.

Any repair, replacement, relocation or expansion/enlargement of a bulkhead shall conform to the provisions in Article VII of this chapter.

If a nonconforming use or structure is discontinued or abandoned per this section the nonconforming rights shall expire and any subsequent use shall be conforming.

New single-family residential development on lots whose dimensions do not allow a residence to be constructed outside the standard shoreline buffer may be allowed without a variance in accordance with the provision in JCC § 18.25.270 (nonconforming lots).

Rebuilding After Damage. If a nonconforming development sustains major structural damage due to fire, flood or other natural disaster, it may be reconstructed upon its original site and to the configuration existing immediately prior to the damage, provided:

The rebuilt structure will not cause adverse effects to adjacent properties or to the shoreline environment; and

The site is geologically stable; and

No horizontal or vertical expansion or enlargement of the footprint or height, or any degree of relocation, will occur; and

No degree of relocation will occur, except to increase conformity, in which case the structure shall be located as far landward as possible or in the least environmentally damaging location relative to the shoreline or any critical area; and

The submittal of applications for permits necessary to restore the development is begun within six months of the damage. The administrator may waive this requirement in situations with extenuating circumstances such as resolution of an estate, or widespread economic or natural disaster; and

The reconstruction is commenced within two years of the issuance of permits. Administrator may allow a one year extension.

(7)

In-Water/Overwater. When a use or development is not prohibited, replacement of nonconforming structures or buildings or portions thereof within the aquatic or priority aquatic shoreline area is allowed and shall comply with program requirements for materials that come in contact with the water pursuant to Article VI of this chapter. In-water and overwater use/development not allowed by this program shall not be replaced in-/overwater.

(8)

Expansion/Enlargement without Conditional Use Permit or Shoreline Variance – Single-family Residential. The administrator may allow a one-time landward enlargement or expansion of nonconforming single-family residences by the addition of space to the exterior of the main structure or the addition of normal appurtenances without a shoreline conditional use permit or shoreline variance, provided, and subject to, the following:

The structure is located landward of the ordinary high water mark; and

No lateral or waterward enlargement or expansion beyond the existing structure's foundation walls will occur; and

The increase/expansion in total footprint area does not threaten critical areas; and

The increased height does not significantly impair the public's view of the shoreline.

Enlargements, expansions or additions that increase the total footprint of the existing structure(s) by up to 10 percent shall be allowed, provided the expansion or addition will not adversely affect critical areas, significantly impair the ability of a substantial number of people to view the shoreline or increase the degree of nonconformity.

Enlargements, expansions or additions that increase the total footprint of the existing structure(s) greater than 10 percent but no more than 25 percent or increase the structure height up to the limits allowed by this program shall be allowed; provided, that the addition will not adversely affect critical areas, significantly impair the ability of a substantial number of people to view the shoreline, increase the degree of nonconformity, and further provided, that an equivalent area of shoreline buffer is enhanced through planting of native vegetation. The administrator shall require a planting plan to ensure this standard is implemented.

(9)

Expansion/Enlargement with a Conditional Use Permit.

The administrator shall require a conditional use permit for any of the following:

Enlargement or expansion of nonconforming single-family residences by the addition of space to the exterior of the main structure or normal appurtenances where the total footprint will increase by more than 25 percent or the expansion/enlargement occurs vertically, laterally or landward, but not waterward, of the structure.

(ii)

Enlargement or expansion of single-family residences where the addition of space to the exterior of the main structure is likely to adversely affect critical areas, or is likely to obstruct the view of an adjacent development.

(iii)

When allowed, an equivalent area of shoreline buffer area shall be enhanced through planting of native vegetation, plus additional mitigation to be required as appropriate. The administrator shall require a planting plan to ensure this standard is implemented.

Changing an Existing Nonconforming Use. A structure that is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit, provided all the following criteria are met:

No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property; and

(ii)

The proposed use will be at least as consistent with the policies and provisions of the Act and this program and as compatible with the uses in the area as the preexisting use; and

(iii)

The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose; and

(iv)

The structure(s) associated with the nonconforming use shall not be expanded in a manner that increases the extent of the nonconformity including encroachment into areas, such as setbacks and/or buffers established by this program, where new structures, development or use would not be allowed; and

(v)

The vegetation conservation standards of Article VI of this chapter are met; and

(vi)

The change in use, remodel or expansion will not create adverse impacts to shoreline ecological functions and/or processes; and

(vii)

Uses which are specifically prohibited or which would thwart the intent of the Act or this program shall not be authorized.

(viii)

Nonconforming structures with conforming uses within commercial or mixed-use developments may be expanded or enlarged within the existing building footprint as a conditional use.

(10)

Expansion/Enlargement with a Shoreline Variance.

Single-Family Residential. Enlargement or expansion of single-family residences that extends waterward beyond the existing residential foundation walls, further into a critical area, further into the minimum required side yard setback, or that increases the structure height above the limits established by this program shall require a variance.

§ 18.25.665 State Environmental Policy Act (SEPA) compliance.

Non-Single-Family Residential. Nonconforming structures, other than nonconforming single-family residences, that are expanded, enlarged or relocated, must obtain a variance or be brought into conformance with this program and the Act. Any nonconforming development that is moved any distance must be moved to comply with the bulk and dimensions requirements of this program.

(Ord. 7-13 Exh. A (Art. X § 6))

Whenever an application for shoreline substantial development permit, shoreline variance, shoreline conditional use permit, or statement of exemption is subject to the rules and regulations of SEPA (Chapter 43.21C RCW), the review requirements of SEPA, including time limitations, shall apply, where applicable.

Applications for shoreline permit(s) or approval(s) that are not categorically exempt shall be subject to environmental review by the responsible official of Jefferson County pursuant to the State Environmental Policy Act (Chapter 197-11 WAC).

As part of SEPA review, the responsible official may require additional information regarding the proposed development in accordance with Chapter 197-11 WAC.

Failure of the applicant/proponent to submit sufficient information for a threshold determination to be made shall be grounds for the responsible official to determine the application incomplete.

(Ord. 7-13 Exh. A (Art. X § 7))

§ 18.25.670 Burden of proof.

Permit applicants/proponents have the burden of proving that the proposed development is consistent with the criteria set forth in the Act and this program.

(Ord. 7-13 Exh. A (Art. X § 8))

§ 18.25.680 Permit conditions.

In granting, revising, or extending a shoreline permit, the administrator may attach such conditions, modifications, or restrictions thereto regarding the location, character, and other features of the proposed development deemed necessary to assure that the development will be consistent with the policy and provisions of the Act and this program as well as the supplemental authority provided in Chapter 43.21 RCW as applicable. In cases involving unusual circumstances or uncertain effects, a condition may be imposed to require monitoring with future review or reevaluation to assure conformance with the Act and this program.

(Ord. 7-13 Exh. A (Art. X § 9))

§ 18.25.690 Public hearings.

Public hearings shall occur in accordance with JCC § 18.40.230 and § 2.30.090.

§ 18.25.700 Expiration of permits and permit exemptions.

Public hearing requirements for permit appeals shall be processed according to JCC § 18.40.330; provided, that appeals of a determination regarding a statement of exemption shall occur in accordance with JCC § 18.40.390. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the appeal.

(Ord. 7-13 Exh. A (Art. X § 10))

The following time requirements shall apply to all permit exemptions, substantial development permits and to any development authorized pursuant to a variance permit or conditional use permit:

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 the permit or permit exemption; provided, that the administrator may authorize a single extension based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology.

§ 18.25.710 Permits and permit exemptions – Effective date.

Authorization to conduct development activities shall terminate five years after the effective date of a permit or permit exemption; provided, that the shoreline administrator may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology.

(Ord. 7-13 Exh. A (Art. X § 11))

The effective date of a shoreline permit or permit exemption shall be the date of the last action required on the shoreline permit or permit exemption and all other government permits and approvals that authorize the development to proceed, including all administrative and legal actions on any such permit or approval.

§ 18.25.720 Satisfaction of conditions required prior to occupancy or use.

It is the responsibility of the project proponent to inform the administrator of the permit applications filed with agencies other than Jefferson County and of any related administrative and legal actions on any permit or approval. If no notice of the permits or approvals is given to the administrator prior to the date established by the shoreline permit, permit exemption, or the provisions of this section, the expiration of a permit shall be based on the shoreline permit or permit exemption.

(Ord. 7-13 Exh. A (Art. X § 12))

When permit or permit exemption approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, that an alternative compliance limit may be specified in the permit or permit exemption.

(Ord. 7-13 Exh. A (Art. X § 13))

§ 18.25.730 Revisions following expiration of original permit or permit exemption.

Revisions to permits and permit exemptions may be authorized after original permit or permit exemption authorization has expired; provided, that this procedure shall not be used to extend the original permit or permit exemption time requirements or to authorize substantial development after the time limits of the original permit or permit exemption.

(Ord. 7-13 Exh. A (Art. X § 14))

§ 18.25.740 Extensions – Notice to Ecology.

The shoreline administrator shall notify the Department of Ecology in writing of any change to the effective date of a substantial development permit, variance permit or conditional use permit as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit or permit exemption other than those authorized by this section shall require a new permit application.

(Ord. 7-13 Exh. A (Art. X § 15))

§ 18.25.750 Notice of decision, reconsideration and appeal.

A notice of decision for action on a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit shall be provided to the applicant/proponent and any party of record in accordance with the procedures of Chapter 18.40 JCC and at least 10 days prior to filing such decisions with the Department of Ecology pursuant to WAC 173-27-130. Decisions filed with the Department of Ecology shall contain the following information:

A copy of the complete application;

Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s);

The final decision of the local government;

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; and

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.

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:

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

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 which 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).

This program shall only establish standing for parties of record for shoreline substantial development permits, shoreline variances, or shoreline conditional use permits. Standing as a party of record is not established by this program for exempt actions; provided, that in such cases standing may be established through an associated permit process that provides for public notice and provisions for parties of record.

The applicant/proponent or any party of record may request reconsideration of any final action by the decision maker within 10 days of notice of the decision. Such requests shall be filed on forms supplied by the county. Grounds for reconsideration must be based upon the content of the written decision. The decision maker is not required to provide a written response or modify his/her original decision. He/she may initiate such action as he/she deems appropriate. The procedure of reconsideration shall not preempt or extend the appeal period for a permit or affect the date of filing with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period.

Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent or any aggrieved party pursuant to RCW 90.58.180 within 21 days of filing the final decision by Jefferson County with the Department of Ecology.

(Ord. 7-13 Exh. A (Art. X § 16))

§ 18.25.760 Initiation of development.

Development pursuant to a shoreline substantial development permit, shoreline variance, or conditional use shall not begin and shall not be authorized until 21 days after the "date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated.

Date of Filing. "Date of filing" of a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. The "date of filing" for a shoreline variance or shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department of Ecology to the county and the applicant/proponent.

(Ord. 7-13 Exh. A (Art. X § 17))

§ 18.25.770 Permit revisions.

A permit revision is required whenever the applicant/proponent proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. 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, this program or the Act. Changes that are not substantive in effect do not require a permit revision.

An application for a revision to a shoreline permit shall be submitted to the administrator. 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 a finding that the proposed changes are within the scope and intent of the original permit, and are consistent with this program and the Act.

"Within the scope and intent of the original permit" means all of the following:

No additional overwater construction is involved except that a pier, dock or floating structure may be increased by 10 percent over that approved under the original permit;

Ground area coverage and/or height may be increased a maximum of 10 percent over that approved under the original permit; provided, that the revised permit does not authorize development to exceed the height, lot coverage, setback or any other requirements of this program except as authorized under a variance granted for the original development;

Additional or revised landscaping is consistent with any conditions attached to the original permit and with this program;

The use authorized pursuant to the original permit is not changed; and

The revision will not cause adverse environmental impacts beyond those originally authorized in the permit.

Revisions to shoreline permits may be authorized after the original permit authorization has expired. Revisions made after the expiration of the original permit shall be limited to changes that are consistent with this program and that would not require a permit under this program. If the proposed change is a substantial development as defined by this program, then a new permit is required. The provisions of this paragraph shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit.

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 permit.

Upon approval of a permit revision, the decision maker shall file with the Department of Ecology a copy of the revised site plan and a detailed description of the authorized changes to the original permit 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.

§ 18.25.780 Rescission and modification.

If the proposed revision is to a development for which a shoreline conditional use or 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 paragraph. Under the requirements of WAC 173-27-110(6), the Department of Ecology shall render and transmit to the decision maker and the applicant/proponent its final decision within 15 days of the date of the Department of Ecology's receipt of the submittal from the decision maker. The decision maker shall notify parties on record of the Department of Ecology's final decision. Appeals of a decision of the Department of Ecology shall be filed in accordance with the provisions of WAC 173-27-110(8).

(Ord. 7-13 Exh. A (Art. X § 18))

Any shoreline permit granted pursuant to this program may be rescinded or modified upon a finding by the hearing examiner that the permittee or his/her successors in interest have not complied with conditions attached thereto. A specific monitoring plan may be required as a condition of a permit with specific reporting requirements. If the monitoring plan is not implemented, the permittee may be found to be noncompliant. The results of a monitoring plan may show a development to be out of compliance with specific performance standards, which may be the basis for findings of noncompliance.

The administrator shall initiate rescission or modification proceedings by serving written notice of noncompliance to the permittee or his/her successors and notifying parties of record at the original address provided in application review files.

The hearing examiner shall hold a public hearing no sooner than 15 days following such service of notice, unless the applicant/proponent files notice of intent to comply and the administrator grants a specific schedule for compliance. If compliance is not achieved, the administrator shall schedule a public hearing before the hearing examiner. Upon considering written and oral testimony taken at the hearing, the hearing examiner shall make a decision in accordance with the above procedure for shoreline permits.

These provisions do not limit the administrator, the prosecuting attorney, the Department of Ecology or the Attorney General from administrative, civil, injunctive, declaratory or other remedies provided by law, or from abatement or other remedies.

(Ord. 7-13 Exh. A (Art. X § 19))

§ 18.25.790 Violations and penalties.

In addition to incurring civil liability under Chapter 19.30 JCC and RCW 90.58.210, pursuant to RCW 90.58.220, any person found to have willfully engaged in activities on shorelines of the state in violation of the provisions of the Act or of this program, or other regulations adopted pursuant thereto, shall be punished by:

A fine of not less than $25.00 or more than $1,000;

Imprisonment in the county jail for not more than 90 days; or

Both such fine and imprisonment; provided, that the fine for the third and all subsequent violations in any five-year period shall not be less than $500.00 nor more than $10,000; provided further, that fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be determined under RCW 90.58.560.

Any person who willfully violates any court order or injunction issued pursuant to this program shall be subject to a fine or imprisonment or both, neither of which shall exceed the maximum fine or imprisonment stated in RCW 9.92.020 as currently enacted or as may hereafter be amended.

(Ord. 7-13 Exh. A (Art. X § 20))

§ 18.25.800 Remedies.

The Jefferson County prosecuting attorney, or administrator, where authorized, shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state located within Jefferson County in conflict with the provisions of this program, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this program.

Any person subject to the regulatory provisions of this program or the Act who violates any provision thereof, or permit or permit condition issued pursuant thereto, shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its conditions prior to violation. The Jefferson County prosecuting attorney shall bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.