What is the purpose of this exemption?
The purpose of the exemption from the shoreline substantial development permit (SDP) process is to allow developments and uses within shoreline jurisdiction that are expected to have minimal effect on the natural environment without requiring a permit. SDP exemptions do NOT exempt a person from having to comply with local shoreline master program regulations and the Shoreline Management Act (SMA).
Who issues this exemption?
Local Government - City or County
What activities are eligible for this exemption?
A proposal’s eligibility for an exemption from the SDP process is determined by the local government. Activities exempt from the requirement for a substantial development permit are in:
RCW 90.58.030(3), RCW 90.58.147, RCW 90.58.515 and WAC 173-27-040. An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act (SMA).
The burden of proof that a development or use is exempt from the permit process is on the applicant. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project.
The local government may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the SMA and the shoreline master program.
How much will this exemption cost?
The fee to review an application for an SDP exemption is determined by each local government.
Do I need to include anything with my application?
This is established by each local government. Providing the information listed in WAC 173-27-180
will help the local government process your application. The burden of proof that a proposed development is exempt from the requirement for an SDP is on the applicant. If any part of a proposed development is not eligible for exemption, a permit is required for the entire proposal.
Contact your local government for an application form.
Is the decision on my exemption dependent on anything besides the information in my application?
When making the decision on your application, Ecology will consider the applicable laws and rules, the contents of your application, and the background environmental conditions.
- Shoreline SDP exemptions are reviewed against the SDP exemption criteria in RCW 90.58.030(3)(e) and applicable criteria in the local SMP.
- Compliance with the State Environmental Policy Act (SEPA) may be required.
How long will it take to review my application?
This is determined by each local government.
Where do I submit my application?
The county or city where the proposed project will be implemented.
How long is my exemption valid?
SDP exemptions do not expire.
What is the appeal process for the exemption?
An SDP exemption decision can be appealed to Superior Court under the Land Use Petition Act (RCW 36.70C
Notes / Comments:
Even when a proposed development is exempt from the requirement for an SDP, it may still require a variance and/or conditional use permit.
Local governments may attach conditions to approvals for SDP exemptions.