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(1) Shoreline substantial development, shoreline conditional use, and shoreline variance permits are subject to all provisions of chapter 30.70 SCC, except as specifically modified by this chapter. Except for the additional requirement for Department of Ecology review of shoreline conditional use and shoreline variance permits pursuant to SCC 30.44.240, all applications shall be processed either as a Type 1 or Type 2 decision in accordance with chapters 30.71 or 30.72 SCC depending on the applicable circumstances set forth in SCC 30.44.210(2). Appeals of all shoreline permits shall be processed in accordance with SCC 30.44.250.

(2) A shoreline permit application shall be processed as a Type 2 permit if:

(a) The department recommends that a shoreline permit be denied; or

(b) The director determines that a shoreline permit application should be processed as a Type 2 decision based on the following factors:

(i) The presence of significant economic, health, safety, environmental and land use issues; or

(ii) The proposal conflicts with the SMP;

(3) The department shall notify the applicant, in writing, of the requirement for an open record hearing as soon as possible following the receipt of a complete application for a shoreline substantial development, shoreline conditional use, or shoreline variance permit and no later than 30 days following the publication of the notice of application pursuant to SCC 30.70.050, unless a longer period is agreed to in writing by the applicant.

(4) When processed as a Type 2 decision, an open record public hearing will be conducted after the environmental review required pursuant to chapter 30.61 SCC has been conducted and the applicable fees according to chapter 30.86 SCC have been paid.

(5) The county’s decision to approve or deny the shoreline permit shall be mailed within ten calendar days to the applicant and to all parties of record. In the case of shoreline conditional use and shoreline variance permits, the county’s decision shall contain a qualifying statement that the county’s decision is not final until the Department of Ecology’s approval and that review of the final decision will be in accordance with the appeal procedure in SCC 30.44.250. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).