30.44.280 Emergency activities.
The department may approve construction of temporary structures, uses or modifications in an emergency as defined in SCC 30.91E.100 without first requiring any required shoreline permits, as established in this section.
(1) Request for emergency construction shall be made in writing to the department. Emergency approvals shall be granted in writing by the department only when action must be taken immediately, or within a time too short to allow for processing of a permit. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the requirements of the SMP. Upon abatement of the emergency situation, any new use, modification or structure shall be removed or applications for any required project permits necessary to satisfy compliance with this chapter shall be submitted to the department within 120 days of the start of the action taken. For actions not requiring permits, compliance with this chapter shall occur within a reasonable time period not to exceed twelve months.
(2) A declaration of emergency for shoreline stabilization measures shall only be used to protect existing development or farmland, as defined in SCC 30.91F.140, or to prevent impairment of channel function, and only when one of the following exists:
(a) Imminent danger exists as a result of high water, and damage is expected due to flooding conditions for which appropriate flood warnings have been issued;
(b) Damage is occurring as a result of floodwaters at or exceeding flood stage as defined by the appropriate authority; or
(c) Property has been damaged and rendered unstable by previous flooding and is in such condition that future flooding will cause additional damage if protective measures are not taken; provided the county engineer has issued written approval of the emergency protective measures sought, such approval being based upon the following findings:
(i) Any protective measures do not exceed $5,000 in value as measured by the total cost or fair market value of the improvements, whichever is greater;
(ii) Insufficient time exists to obtain a shoreline permit prior to the likelihood of future flooding and/or seasonal deadlines for construction in streamway channels; and
(iii) The person seeking to undertake emergency protective measures has applied to the county engineer for approval of such emergency protective measures within 120 days of the occurrence of damage by previous flooding. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).