RELATED ECOLOGY PROGRAMS
Remanding of permits
The Shorelines Hearings Board (SHB) may remand a permit that it has reviewed. This occurs generally under one of two possible circumstances, a remand for reconsideration or a remand for reissuance.
Remand for reconsideration (requiring a new permit)
A remand for reconsideration is unusual for the SHB because of its "De Novo" process of permit review. However, in some circumstances the Board will determine that the local process was flawed in such a way that the best solution is for the local process to be repeated and a new decision made by local government.
Remand for reissuance (revising conditions of a permit)
More commonly, the Board will determine that changes in the project or the terms and conditions of the original permit are necessary in order to conform to the SMA and local SMP. In such circumstances the Board will usually remand the permit to local government with instructions to issue a new shoreline permit consistent with the order.
The SMA and its implementing regulations do not provide a great deal of specific guidance to local governments on procedures to follow in the event a permit is remanded for reissuance. However, the 2009 Board decision in Friends of the San Juans vs San Juan County and Woodman, addressed how the “law of the case doctrine” applied to appeals of remanded permits. See Order Granting Motions to Dismiss in SHB 09-010. The Board reviewed previous SHB and court decisions and determined:
Law: See RCW 90.58.180
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