Emergency construction exemption

State rules define an emergency as "an unanticipated and imminent threat to public health, safety, or the environment which requires immediate actions within a time too short to allow full compliance." The exemption only applies if the construction is necessary to protect property from damage by the elements. [WAC 173-27-040(2)(d)].

Emergency construction does not include building new permanent protective structures where none previously existed. If a local government determines that a new protective structures is the appropriate means to address the emergency situation, the applicant must obtain a permit after the emergency situation is over.

All emergency construction must be consistent with the policies of the SMA and the local master program.

If a project proponent has not obtained a permit due to lack of proper planning, it does not constitute an emergency. An example of an emergency is a ruptured oil or sewage line that needs to be repaired or removed immediately or emergency repair of a dike during a flood. As a general matter, flooding or other season events that can be anticipated, but are not imminent, are not considered an emergency.

For more information

• Rule: WAC 173-27-040(2)(d)

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 Exempt Developments page