Skip to main content
Loading…
This section is included in your selections.

(1) The following types of development must be consistent with the policies and provisions of the Shoreline Management Act and the SMP, but are not considered shoreline substantial developments for purposes of this chapter and are not required to obtain a shoreline substantial development permit:

(a) Any development of which the total cost or fair market value, whichever is higher, does not exceed the dollar threshold established or as hereafter adjusted by the state office of financial management pursuant to WAC 173-27-040(2)(a), provided such development does not materially interfere with the normal public use of the water or shorelines of the state;

(b) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

(c) Construction of the normal protective bulkhead common to single-family residences;

(d) Emergency temporary construction necessary to protect property from damage by the elements consistent with the provisions in SCC 30.44.280;

(e) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

(f) Construction or modification of navigational aids, such as channel markers and anchor buoys;

(g) Construction on shorelands by an owner, lessee, or contract purchaser, of a single-family residence for owner or owner’s family use, which residence does not exceed a height of 35 feet above average grade level, and which meets all requirements of the state and local governments having jurisdiction thereof, other than requirements imposed pursuant to this title. Construction authorized under this exemption shall be located landward of the ordinary high water mark;

(h) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single family and multiple-family residences. For the purpose of this section, a "dock" is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either:

(i) in salt waters, the fair market value of the dock does not exceed $2,500; or

(ii) in fresh waters, the fair market value of the dock does not exceed:

(A) $22,500 for docks that are constructed to replace existing docks and are of equal or lesser square footage than the existing dock being replaced; or

(B) $11,200 for all other docks constructed in fresh waters.

If subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified in subsection (1)(h)(i) or (1)(h)(ii) of this section, the subsequent construction shall be considered a substantial development for the purpose of this chapter. Pursuant to RCW 90.58.030(3)(e)(vii), all dollar thresholds in this subsection must be adjusted for inflation by the state office of financial management every five years, beginning July 1, 2018, based upon changes in the consumer price index during that time period;

(i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands;

(j) The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

(k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

(l) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

(i) the activity does not interfere with the normal public use of the surface waters;

(ii) the activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

(iii) the activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

(iv) a private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the county to ensure that the site is restored to preexisting conditions; and

(v) the activity is not subject to the permit requirements of RCW 90.58.550 for oil or natural gas exploration in marine waters;

(m) The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the state department of agriculture or the department of ecology jointly with other state or local agencies under chapter 43.21C RCW;

(n) A public or private project that is designed to improve fish or wildlife habitat or fish passage when the criteria in RCW 90.58.147 are met;

(o) Watershed restoration projects as defined in RCW 89.08.460 ; and

(p) The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq., or to otherwise provide physical access to the structure by individuals with disabilities.

(2) Whenever a development falls within the exemptions enumerated in this section, and the development is subject to a U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899 or a section 404 permit under the Federal Water Pollution Control Act of 1972, Snohomish County shall prepare a letter addressed to the applicant and the regional office of the department of ecology, indicating the specific exemption provision that is being applied to the development and providing a summary of the county’s analysis of the consistency of the development with the Shoreline Management Act and the SMP. (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).