40.460.170    Relationship to Other Plans and Regulations

A.    Applicants for shoreline use/development shall comply with all applicable laws prior to commencing any shoreline use, development, or activity.

(Amended: Ord. 2023-03-04)

B.    Where this Program makes reference to any RCW, WAC, or other state or federal law or regulation the most recent amendment or current edition shall apply.

(Amended: Ord. 2023-03-04)

C.    Uses, developments and activities regulated by this Program may also be subject to the provisions of the Clark County Comprehensive Growth Management Plan, the Washington State Environmental Policy Act (“SEPA,” Chapter 43.21C RCW and Chapter 197-11 WAC), other provisions of the Clark County Code, and other local, state and federal laws, as may be amended.

(Amended: Ord. 2023-03-04)

D.    In the event this Program conflicts with other applicable county policies or regulations, they must be interpreted and construed so that all the language used is given effect, with no portion rendered meaningless or superfluous, and unless otherwise stated, the provisions that provide the most protection to shoreline ecological processes and functions shall prevail.

(Amended: Ord. 2023-03-04)

E.    Projects in the shoreline jurisdiction that have been previously approved through local and state reviews are considered accepted. Major changes or new phases of projects that were not included in the originally approved plan will be subject to the policies and regulations of this Program.

(Amended: Ord. 2023-03-04)

F.    Applicable provisions of Clark County critical area ordinances (CAO) are adopted into the Master Program by reference, except that those provisions inconsistent with the Shoreline Management Act and implementing Washington Administrative Code chapters shall not apply in shoreline jurisdiction. The applicable provisions of the CAO are those listed in Section 40.460.530. Any amendments to the applicable provisions of the CAO shall be incorporated through an amendment to the Master Program that is approved by the Department of Ecology pursuant to WAC 173-26-191(2)(b).

(Amended: Ord. 2012-07-16; Ord. 2015-12-12; Ord. 2023-03-04)