Ecology review of permits

Ecology has two duties relative to permits:

Ecology is the repository of all locally approved and denied Shoreline permits for the entire state.
Ecology 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.

Transmitting 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:

Twenty-one day appeal period starts with “date of receipt” as defined in RCW 43.21B.001:

Substantial Development Permit (SDP) date of receipt is date SDP applicant receives Ecology’s written notice that Ecology received the local SDP decision.

Conditional Use Permit and Variance (CUP & VAR) date of receipt is date local government or permit applicant receives Ecology’s written decision on the CUP or VAR.

Appeals may be filed with the state Shorelines Hearings Board within the twenty-one day appeal period. If none are filed, the applicant may begin the permitted activity.

Procedures for appealed permits

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 Status of Local Shoreline Master Programs (SMPs) web page, or contact a shoreline specialist at the appropriate Ecology regional office.