30.44.125 Application of the permit system to shoreline substantial developments undertaken prior to the act.
(1) Shoreline substantial development, as determined by actual construction or development begun upon the shoreline, as opposed to preliminary engineering or planning, undertaken on shorelines of the state prior to the effective date of the Shoreline Management Act (SMA), and continuing thereafter, shall not require a permit, except under the following circumstances:
(a) Where the activity was unlawful prior to the effective date of the act;
(b) Where there has been an unreasonable period of dormancy in the project between its inception and the effective date of the act;
(c) Where the development is not completed within two years of the effective date of the act;
(d) Where shoreline substantial development occurred prior to the effective date of the act, and continued on to a different shoreline of the state after the effective date of the act; or
(e) Where shoreline substantial development occurred prior to the effective date of the act, and continued into other phases that were not part of the plan being followed at the time construction commenced.
(2) The effective date of the SMA is the most recent of the following dates applicable to the shoreline jurisdiction where the substantial development is occurring:
(a) June 1, 1971;
(b) When a change in the area subject to the jurisdiction of the SMA occurs as a result of a determination of jurisdiction by the state Department of Ecology based on the provisions of RCW 90.58.030 (2)(d) or (e), the effective date of the act shall be the date the state Department of Ecology provides written notice of the change to the county; or
(c) When a change in the area subject to the jurisdiction of the SMA occurs as a result of an updated shoreline master program that supersedes the jurisdiction lists in chapter 173-18, 173-20 and 173-22 WAC, the effective date of the SMA shall be the date the state Department of Ecology approves the updated master program. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).