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The following developments are not required to meet the requirements of the Shoreline Management Act, chapter 90.58 RCW, as described below:

(1) 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of law, any legal requirement under the Shoreline Management Act, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.

(2) Requirements to obtain a shoreline substantial development permit, shoreline conditional use permit, shoreline variance or other review under chapter 90.58 RCW or the SMP shall not apply to:

(a) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of chapter 90.58 RCW through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090;

(b) Any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit; and

(c) Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356.

(3) The holder of a certification under chapter 80.50 RCW shall not be required to obtain a permit under chapter 90.58 RCW or the Snohomish County Shoreline Management Program. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).