Douglas County Regional Shoreline Master Program
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Douglas County Regional Shoreline Master Program NOTE: Only sections proposed to be amended are included Jameson Lake Last Amended by Ordinance TLS-20-07-19C Effective Date: January 26, 2021 Douglas County Adopting Ordinances TLS 08-09-32B & TLS 09-08-41B Effective Date: August 27, 2009 Public Review Draft 1.5 Public involvement process, advisory committee and agency coordination Public Information and Outreach- The participating jurisdictions created a multi-phased approach to involving the public in the development of the SMP throughout the update effort consistent with the Shoreline Management Act (see RCW 90.58.130) and the SMP Guidelines (WAC 173-26). The jurisdictions prepared a public participation plan that identified specific objectives, key stakeholders (planning commissions, citizens, property owners, local and state agencies, cities and the county, tribal governments, neighboring jurisdictions, etc.), and that established timelines for public participation activities. Multi-jurisdictional Staff Team- A multi-jurisdictional staff team was formed to support this project. Douglas County provided the primary professional and clerical support and was responsible for project management and contracting. Staff assigned by the cities coordinated the cities’ efforts on shorelines within their respective urban growth areas. In these urban areas the cities were responsible for preparing recommended shoreline environment designations; goals, policies and use regulations for the high intensity and urban conservancy environments; restoration plans; and their respective adoption processes. The County coordinated the SMP development process with the Department of Ecology, Washington State Department of Fish and Wildlife, tribal governments and other state agencies as required in the SMP update guidelines. In addition, the County consulted with other entities for scientific, technical or cultural information including federal agencies, watershed planning units, conservation districts, public utility districts, and other institutions as needed. Shoreline Visioning Process- To provide context, the process of developing the regional SMP began with community- wide visioning sessions to elicit citizen input on what the communities want the shoreline areas to look like 10-20 years from now. Citizens and interest groups were asked to provide input on issues such as public access, water-related and water- dependent uses, shoreline subdivisions, recreation, conservation and more. Visioning meetings were held in each of the three cities and for the unincorporated area of Douglas County. An Internet web page was developed within the Douglas County World Wide Web site for the project to provide a forum for the public to obtain information regarding the regional SMP update and to provide comments and input related to the project. The web page contained details related to the development of the regional SMP update process including a list of contacts (local and state), an events calendar, meeting summaries, regulatory mandates (RCW and WAC), the current version of the draft Chapter 1 1 Public Review Draft materials, links to specific pages on the WSDOE website, the scope of work and a list of participating agencies. The web page was kept current and maintained throughout the duration of the project. Shoreline Advisory Committee (SAC)- In addition to the above listed public outreach and involvement strategies, an advisory committee was created to finalize recommendations on environment designations, goals, policies and use regulations. Representatives were selected by each of the four jurisdictions, which included one planning commission member or elected official from each jurisdiction. The jurisdictions coordinated their selections to achieve a diverse mix of interests including agriculture, recreation, power generation, real estate/development, environment, sporting and conservation. Invitations to participate were also extended to the Washington State Departments of Ecology, Natural Resources, and Fish and Wildlife, to the public utility districts of Douglas, Chelan and Grant counties, and to the Colville Confederated Tribes and the Yakama Indian Nation. The committee began initial meetings in May 2006 and continued through March 2007. The committee reconvened from June until August 2007; and then again from December 2007 through February 2008. This process was closely coordinated among Douglas County, and the cities of Bridgeport, East Wenatchee and Rock Island to create a multi-jurisdiction Regional Shoreline Master Program. An intergovernmental cooperative agreement was adopted to define responsibilities, and to allocate and assign resources. Open Houses- Open houses were developed as an early action strategy to improve public confidence and investment in the regional SMP update process, and for the Shoreline Advisory Committee to present the results of their work. The open houses were a forum for citizens to obtain information regarding shoreline management and provide comments and input relating to the update of the regional SMP. The open houses were held in April 2008. 2021 Periodic Review In June 2021, Douglas County completed the SMP periodic review process in coordination with Ecology pursuant to RCW 90.58.80 with support from Anchor QEA, LLC. This SMP has been updated to reflect limited amendments that were developed during that process. Public and stakeholder input was obtained throughout the process, including a public workshop held in September 2020. A State Environmental Policy Act (SEPA) Determination of Nonsignificance was issued for the SMP periodic review process on February 25, 2021. Public and agency comments were accepted through May 18, 2021 and included comments from Chelan Public Utility District, Washington Department of Fish and Wildlife (WDFW), and the Confederated Tribes of the Colville Reservation. Chapter 1 2 Public Review Draft 1.7 Applicability 1. All proposed uses and development occurring within the shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act and this Program. All policies, within this SMP or the appendices, are to guide the interpretation and enforcement of the SMP regulations. The policies are not regulations in themselves and, therefore, do not impose requirements beyond those set forth in the regulations. 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: a. Interior building improvements; b. Exterior structure maintenance activities, including painting and roofing, as long as it does not expand the existing footprint of the structure; c. Routine landscape maintenance of established, domestic or ornamental landscaping, such as lawn mowing, pruning and weeding that does not expand the footprint of the existing landscaped area; d. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections; e. Dismantling or removing structures if there is no other associated development or redevelopment; f. 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 70.305D RCW, or to Ecology when it conducts a remedial action under chapter 70.305D RCW; g. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit; h. Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356; i. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045; j. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW; k. 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. 2. 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. 3. This SMP shall apply to all nonfederal developments and uses undertaken on Chapter 1 3 Public Review Draft federal lands and on lands subject to nonfederal ownership, lease, or easement, even though such lands may fall within the external boundaries of a federal ownership. 4. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights of Indian Nations or tribes. 5. The County may grant relief from SMP provisions for shoreline restoration projects in Urban Growth Areas (UGA) pursuant to RCW 90.58.580. 6. When other State or Federal agencies’ standards would be more restrictive and more protective of the ecological function, those standards should apply. 7. No structure or lot shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in compliance with the provisions of the SMP. 1.13