Chapter 19.20
SHORELINE MANAGEMENT
Sections:
19.20.010 Responsible official.
19.20.020 Application for permit.
19.20.030 Public notice of application.
19.20.040 Department of Building and Planning review.
19.20.050 Hearing Examiner action.
19.20.060 Notice to Department of Ecology and Attorney General.
19.20.090 County compliance with SEPA.
Cross-references:
Chapter 90.58 RCW: Shoreline Management Act.
Chapter 43.21C RCW: State Environmental Policy Act.
Chapter 173-14 WAC: Permits for substantial developments.
Chapter 197-10 WAC: SEPA guidelines.
19.20.010 Responsible official.
The provisions of this chapter shall be administered by the Director of the Department of Building and Planning or his or her duly authorized designee. [Ord. 03-048, § 1, 4-8-03.]
19.20.020 Application for permit.
All applications for a permit required under the Shoreline Management Act, Chapter 90.58 RCW, and information related thereto, shall be submitted to the Department of Building and Planning. Upon receipt of the permit application, the Director shall determine whether the information submitted meets the requirements of WAC 173-27-180, Application requirements for substantial development, conditional use, or variance permit, RCW 90.58.140, Development permits, and any additional information required by the Director. [Ord. 03-048, § 2, 4-8-03.]
19.20.030 Public notice of application.
Upon receipt of a complete application the Director shall ensure that notice is made to the general public and the property owners in the vicinity of the proposed project by at least one of the following methods:
A. Mailing to the latest recorded real property owners as shown by the County Assessor within at least 300 feet of the boundary of the property upon which the substantial development is proposed; or
B. Posting in a conspicuous manner on the property upon which the project is to be constructed; or
C. Any other manner deemed appropriate by the Director to accomplish the objectives of reasonable notice to adjacent landowners and the public. [Ord. 03-048, § 3, 4-8-03.]
19.20.040 Department of Building and Planning review.
The Director may refer the permit application for a review by departmental staff for knowledgeable comments from interested departments. All pertinent county departments shall participate. When the Director has made a final SEPA threshold determination, the Director shall transmit the permit application and SEPA review to the Cowlitz County Hearing Examiner for public hearing per the provisions of this chapter and Chapter 19.11 CCC. [Ord. 12-112, § 3, 8-28-12; Ord. 03-048, § 4, 4-8-03.]
19.20.050 Hearing Examiner action.
A. 1. The Director at the termination of the required review period shall transmit the permit application and all pertinent review comments, findings and recommendations to the Cowlitz County Hearing Examiner for action. For applications involving shoreline substantial development permits, conditional use permits, and variance permits, the Hearing Examiner shall hold a public hearing prior to taking action. The mailing and legal advertisement for such public hearing shall be made not less than 30 days prior to the open record public hearing.
The Hearing Examiner has discretion to hold a public hearing on other types of actions transmitted by the Director prior to taking action.
2. There shall be no more than one open record hearing on any application regulated by this section, except for those applications which are associated with a determination of significance under SEPA and this chapter. [Ord. 12-112, § 3, 8-28-12; Ord. 03-048, § 5, 4-8-03.]
19.20.060 Notice to Department of Ecology and Attorney General.
The Director shall transmit copies of the original application and other pertinent materials he deems necessary to the regional office of the Department of Ecology and the Attorney General’s office within eight days of the final decision. [Ord. 03-048, § 6, 4-8-03.]
19.20.070 Exemptions.
As required in WAC 173-27-050, when federal permits are required, the Director shall take action on exemption requests and transmit copies of a letter of exemption to the Department of Ecology and the applicant. [Ord. 03-048, § 7, 4-8-03.]
19.20.080 Violations.
The Director shall transmit Shoreline Management Act violation reports to the Cowlitz County Prosecuting Attorney’s office and/or the Department of Ecology for prompt appropriate legal action. [Ord. 03-048, § 8, 4-8-03.]
19.20.090 County compliance with SEPA.
The Director shall ensure that any official action will comply with the State Environmental Policy Act, the SEPA Rules and the Cowlitz County SEPA Ordinance, Chapter 19.11 CCC. [Ord. 03-048, § 9, 4-8-03.]
19.20.100 Fees and charges.
The fees and charges for processing applications for shoreline permits, and for other administrative actions under this chapter, shall be as established from time to time by resolution by the Board. [Ord. 03-048, § 10, 4-8-03.]