17.150.073 Restoration project relocation of OHWM.
The city may grant relief from Shoreline Master Program development standards and use regulations when the following apply:
(1) A shoreline restoration project causes, or would cause, a landward shift in the ordinary high water mark, resulting in the following:
(a) Land that had not been regulated under this chapter prior to construction of the restoration project is brought under shoreline jurisdiction; or
(b) Additional regulatory requirements apply due to a landward shift in required shoreline buffers or other regulations of the applicable Shoreline Master Program; and
(c) Application of Shoreline Master Program regulations would preclude or interfere with use of the property permitted by local development regulations, thus presenting a hardship to the project proponent.
(2) The proposed relief meets all of the following criteria:
(a) The proposed relief is the minimum necessary to relieve the hardship.
(b) After granting the proposed relief, there is net environmental benefit from the restoration project.
(c) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with the Shoreline Master Program.
(d) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under this section.
(3) The application for relief must be submitted to the Department of Ecology for written approval or disapproval. This review must occur during the Ecology’s normal review of a shoreline substantial development permit, conditional use permit, or variance. If no such permit is required, then Ecology shall conduct its review when the local government provides a copy of a complete application and all supporting information necessary to conduct the review.
(a) Except as otherwise provided in subsection (4) of this section, the Department of Ecology shall provide at least 20 days’ notice to parties that have indicated interest to Ecology in reviewing applications for relief under this section, and post the notice onto their website.
(b) The Department of Ecology shall act within 30 calendar days of close of the public notice period, or within 30 days of receipt of the proposal from the local government if additional public notice is not required.
(4) The public notice requirements of subsection (3) of this section do not apply if the relevant shoreline restoration project was included in a Shoreline Master Program or shoreline restoration plan as defined in WAC 173-26-201, as follows:
(a) The restoration plan has been approved by Ecology under applicable Shoreline Master Program guidelines; and
(b) The shoreline restoration project is specifically identified in the Shoreline Master Program or restoration plan or is located along a shoreline reach identified in the Shoreline Master Program or restoration plan as appropriate for granting relief from shoreline regulations; and
(c) The Shoreline Master Program or restoration plan includes policies addressing the nature of the relief and why, when, and how it would be applied. (Ord. 1373 § 46, 2014).