The SMA of 1971, Chapter 90.58 RCW, is the authority for the enactment and administration of this SMP.
(Ord. 2016-02)
A. 
This SMP applies to all development, the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, minerals or vegetation; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level. Development does not include the following activities:
1. 
Interior building improvements;
2. 
Exterior structure maintenance activities, including painting and roofing, as long as it does not expand the existing footprint of the structure;
3. 
Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding;
4. 
Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections;
5. 
Dismantling or removing structures if there is no other associated development or redevelopment;
6. 
Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70A.305 RCW, or to Ecology when it conducts a remedial action under Chapter 70A.305 RCW;
7. 
Pursuant to RCW 90.58.355, 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;
8. 
Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356;
9. 
Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045 and Chapter 43.21K RCW;
10. 
Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW; and
11. 
Areas and uses in those areas that are under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of Chapter 90.58 RCW.
B. 
This SMP shall apply to all of the shoreline areas, waters, and critical areas within the southeast Washington region shorelands and waters as described in SMP Section I, Shoreline Goals and Policies, Profile of the Shoreline Jurisdiction, within the coalition.
C. 
All proposed uses, activities, or development occurring within shoreline jurisdiction must conform to the intent and requirements of Chapter 90.58 RCW, the SMA, and this SMP, whether or not a permit or other form of authorization is required. See the SMP Shoreline Goals and Policies section for the shoreline jurisdiction description and Article VII of this chapter for the definition of uses, activities, and development.
D. 
The SMP applies to shorelands and aquatic lands within Asotin, Columbia, and Garfield Counties, including urban growth areas (UGAs) of the cities of Dayton and Asotin, and within the city limits of the city of Clarkston, city of Asotin, and town of Starbuck; this SMP does not apply within the city limits of the city of Dayton.
E. 
Pursuant to WAC 173-27-060, federal agency activities may be required by other federal laws to meet the permitting requirements of Chapter 90.58 RCW. This SMP shall apply to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease, or easement, even though such lands may fall within the external boundaries of federal ownership. All federal activities on nonfederal lands are subject to all of the provisions and administrative procedures of this SMP (WAC 173-27-060).
F. 
As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights of Native American tribes.
G. 
Maps indicating the extent of shoreline jurisdiction areas and shoreline environment designations are for guidance only. They are to be used in conjunction with the most current scientific and technical information available, field investigations, and on-site surveys to accurately establish the location and extent of shoreline jurisdiction when a project is proposed. All areas meeting the definitions of shorelines of the state, whether mapped or not, are subject to the provisions of this SMP.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
The purposes of this SMP are as follows:
A. 
To promote the public health, safety, and general welfare of the coalition jurisdictions by providing comprehensive policies and effective, reasonable regulations for development, use, and protection of jurisdictional shorelands;
B. 
To further assume and carry out the local government responsibilities established by the SMA in RCW 90.58.050, including planning and administering the regulatory program consistent with the policy and provisions of the SMA in RCW 90.58.020;
C. 
To provide a high-quality shoreline environment where:
1. 
Recreational opportunities are abundant;
2. 
The public enjoys access to and views of shoreline areas;
3. 
Ecological functions of the shoreline are maintained and improved over time;
4. 
Water-dependent uses are promoted consistent with the shoreline character and environmental functions;
D. 
To apply special conditions to those uses that are not consistent with the control of pollution and prevention of damage to the natural environment or are not unique to or dependent upon use of the state's shoreline;
E. 
To ensure no net loss of ecological functions associated with the shoreline.
(Ord. 2016-02)
A. 
All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply.
B. 
In the event that provisions of this SMP conflict with provisions of federal, state, county, city, or town regulations, the provision that is most protective of shoreline resources shall prevail. The provisions of this section may not allow development to occur at what otherwise might be a property's full zoning potential.
1. 
Local plans or programs include, but are not limited, to the following:
a. 
Water resource inventory area (WRIA) 32 and 35 watershed management plans;
b. 
Snake River salmon recovery plan;
c. 
Flood damage prevention ordinances;
d. 
Washington State Environmental Policy Act (SEPA) regulations;
e. 
Zoning, floodplain development, and GMA ordinances.
2. 
State and federal programs include, but are not limited to, the following:
a. 
Washington State hydraulic project approval (HPA);
b. 
Washington State pesticide applicator license requirements;
c. 
Washington State waste discharge permits;
d. 
Washington State water quality certification requirements (401);
e. 
USACE 404 permits and Section 10 permits.
C. 
The policies in the SMP, contained in the SMP elements, state those underlying objectives that the regulations are intended to accomplish. The policies guide the interpretation and enforcement of the SMP regulations contained in this section. The policies are not regulations in themselves and, therefore, do not impose requirements beyond those set forth in the regulations.
D. 
This SMP contains critical area regulations in Article V, applicable only in shoreline jurisdictions that provide a level of protection to critical areas ensuring no net loss of shoreline ecological functions necessary to sustain shoreline natural resources (RCW 36.70A.480). In the event of a conflict between the requirements of this code and any other code or ordinance of the coalition members, the regulation that provides the greater protection for the particular critical area within shoreline jurisdiction shall apply.
E. 
Projects in the shoreline jurisdiction that have either been deemed technically complete through the application process or have been approved through local and state reviews prior to the adoption of this SMP are considered accepted. Major changes or new phases of projects that were not included in the originally approved plan will be subject to the policies and regulations of this SMP.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
RCW 90.58.900 (SMA) is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(Ord. 2016-02)
Should any section or provision of this SMP be declared invalid, such decision shall not affect the validity of this SMP as a whole.
(Ord. 2016-02)
The SMP is hereby adopted on November 4, 2024. This SMP and all amendments thereto shall become effective 14 days after final approval and adoption by Ecology.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))