Ecology review of permits

Ecology has two duties relative to permits:

as the repository of shoreline permits for the whole state, Ecology files permits received from local government; and
conducts substantive review on conditional use permits and variances to check for compliance with the policies and procedural requirements of the local SMP and the Shoreline Management Act.

Filing of permits

Local governments submit permits to Ecology after a final local decision, including any local appeal period. A local decision is not considered final until all local appeals have been resolved or exhausted.

Local planners should indicate the final approved plan if it has been modified during the local review or appeal process. If multiple permits are required (SDP/CUP/Variance), local governments must send them all to Ecology at the same time.

Permits and documentation of the final local decision should be submitted to Ecology together with:

Appeal period starts with "date of filing"

For substantial development permit applications, the date Ecology receives the local government's final decision (the filing date) begins a 21 day appeal period wherein the applicant or the public may appeal the decision to the Shorelines Hearings Board (SHB).

For conditional use permit (CUP) and variance applications, Ecology has 30 days from the date it receives a copy of the local government's final decision to review it and to approve it, approve it with conditions or deny it. The filing date for CUPs and variance permits is the date of Ecology's decision. This triggers a 21 day appeal period during which the applicant, local government or the public may appeal the decision to the SHB. If no appeal is filed, the applicant is authorized to begin construction or the permitted activity.

Court of appeals invalidates Ecology rule

A 2003 Court of Appeals ruling invalidated portions of an existing Ecology rule (WAC 173-27-130) that stated the "date of filing" is the date Ecology receives a "complete submittal." The decision clarified that the local government's submittal of a final decision on a substantial development permit triggers the 21-day appeal period. See Washington Court of Appeals, Division II, H&H Partnership v. Dept. of Ecology, 115 Wn. App. 164, 62 P.3d 510). Ecology is considering revising its WACs in light of the ruling.

Permits for projects subject to appeals

If a shoreline permit is appealed, Ecology rules [WAC 173-27-130(9)] require certain "housekeeping" steps at the end of the appeal process, to ensure that the local and state files are complete and accurate and to prevent new opportunities for further appeals:

Local government and Ecology must be sent a copy of the final order, and
If the project has been modified during the legal review proceeding, plans or text shall be provided to the local government that clearly indicate the final approved plan, and
- the local government must reissue the permit accordingly and submit a copy of the reissued permit and supporting documents to Ecology for completion of the file on the permit.

Ecology review of local permits

Ecology asks the following questions of each permit it reviews:

Is the proposal “development”?
Is it “substantial development”?
What SMA water body is it in, on, under, or adjacent to?
What shoreline environment(s) is it in?
Is it in a wetland, floodway, or 100-year floodplain?
Is it in or on a Shoreline of State Wide Significance (SSWS)?
Were all required shoreline permits issued for it (SDP, CUP, VAR)?
If the application is for a CUP or variance, does it meet the criteria?
Was it assigned the proper Shoreline Master Program "use" category or categories?
Does it comply with all applicable SMA and SMP regulations?

For more information

For specific information about a city or county permit process, visit the Local Planning Page and click on the map, or contact a shoreline specialist at the appropriate Ecology regional office.

Back to Shoreline Permit Index > Permit revisions