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State-level review process

Ecology encourages local governments to collaborate with Ecology throughout the local development process and local adoption process. The official state review and approval process is defined in WAC 173-26-120):

Ecology’s receives a locally approved SMP or amendment;
Ecology reviews the submittal for completeness;
Ecology seeks public comments;
Ecology prepares a summary;
Local governments prepare responses to concerns;
Ecology prepares a decision letter
- Ecology approves plan as-is
- Ecology approves the plan with changes

The state process generally takes from three to six months. Ecology may approve, modify or deny SMP proposals. Approvals are official upon the signature of the agency director (but see appeals). Note: Local SMPs were once adopted as state regulation - this is no longer the case, except for circumstances described in WAC 173-26-070.

Ecology receives SMP amendment

SMP submittal must include two copies each of:

(1) A signed resolution or ordinance that the proposal has been approved;

(2) Clear documentation of changes to the existing SMP;

(3) Amended environment designation maps, showing both existing and proposed designations, together with corresponding boundaries described in text for each change of environment. The submittal must include justification for designation changes based on existing development patterns, the biophysical capabilities and limitations of the shoreline being considered, and the goals and aspirations of the local citizenry as reflected in the locally adopted comprehensive land use plan;

(4) A summary of proposed amendments together with explanatory text indicating the scope and intent of the proposal, staff reports, and other materials documenting the need for proposed changes;

(5) Evidence of compliance with the State Environmental Policy Act;

(6) Copies of all public, agency and tribal comments received; and

(7) A completed SMP submittal checklist pursuant to WAC 173-26-201(3)(h).

Ecology reviews SMP for completeness (no time specified in law or rule)

If complete, Ecology sends local government a letter acknowledging receipt.

If incomplete, Ecology sends a letter identifying the deficiencies. The review process begins after Ecology determines the submittal is complete.

Public comment (30 days minimum)

Ecology opens 30-day (or longer) comment period. Ecology sends notice seeking review and comment on the proposed amendment to all parties of record, such as state and federal resource agencies and other interested parties. For local governments planning under GMA, Ecology notifies the state Office of Community Development. Ecology holds one or more public hearing(s) in the jurisdiction (optional).

Ecology prepares summary of public comments (15-day period maximum)

Within 15 days after the close of the comment period, Ecology sends local governments a list of issues identified by the public during the state-level review period.

Local response to public comments (45-day period maximum)

Local governments must respond to all public comments, demonstrating how their plan addresses the identified issues consistent with SMA policies. A local government may request an extension to the 45-day period. (If no extension is requested, and Ecology has not heard from the local government, Ecology proceeds to the next step.)

Ecology prepares decision letter (30-day period maximum)

Within 30 days after receiving a local government’s response to public comments, Ecology must make a final decision on the plan’s consistency with the SMA. Ecology must send a decision letter to the local government and all parties of record with findings and conclusions. Ecology may (1) approve the submitted plan as is, (2) approve the plan with conditions, or (3) deny the plan.

If Ecology approves plan as-is

If Ecology approves the plan as submitted, the date of Ecology’s letter to local government approving the SMP is the effective date.

Note: Local governments planning under the GMA must publish notice of Ecology’s approval after receiving an approval letter. The window for appeals of the SMP to the Growth Hearings Boards is 60 days from the date on which the local government publishes the notice.

For jurisdictions not planning under GMA, appeals are to the Shorelines Hearings Board, and must be filed within 30 days of Ecology’s decision to approve, reject, or modify an SMP.

If Ecology approves the plan with changes (30 day maximum)

Local government has 30 days from receiving Ecology’s decision letter to either:

(i) Agree to the proposed changes by sending a letter to Ecology indicating acceptance of the conditional approval. Ecology will send this letter to all parties of record. The effective date of the approved SMP is the date Ecology receives the letter from local government; or

(ii) Submit an alternative proposal.

If Ecology determines the alternative is consistent with the intent of the changes Ecology had originally proposed, the agency approves the alternative changes with a letter sent to the local government and all parties of record. The effective date of the approved master program or amendments is the date of Ecology’s letter to local government approving the alternative proposal.

If Ecology determines the alternative is not consistent with the intent of the changes proposed by the department, Ecology may either deny the alternative proposal or at the request of local government start anew with the review and approval process.

For more information

Law: GMA: RCW 36.70A.290(2); SMA: 90.58.190(3)(a)
Rule: WAC 173-26-120

To contact one of Ecology's regional planners responsible for reviewing local SMPs go to the Contacts page and click on the map. Ecology's statewide contact on the SMP amendment process is Peter Skowlund, (360) 407-6522.

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