Chapter 14.25
SHORELINE MASTER PROGRAM
Sections:
14.25.020 Adoption of the Clallam County shoreline master program.
14.25.030 Applicable shorelines within the city.
14.25.040 Application to all use and development activities within the city.
14.25.010 Adoption process.
(1) Adoption Process.
(a) SEPA. In compliance with the State Environmental Policy Act (Chapter 43.21C RCW; SEPA), the county completed an environmental checklist and nonproject supplement (August 2017), and issued a determination of nonsignificance (October 2017; DNS). The city issued a companion DNS (December 2017) as an addendum to, and in concurrence with, the county DNS;
(b) GMA. In compliance with WAC 173-26-100(5) and the Growth Management Act (Chapter 36.70A RCW; GMA), the city filed a 60-day notice of intent to adopt with the Department of Commerce on December 13, 2017;
(c) With board of county commissioners local approval of the SMP imminent, city council conducted a public hearing on April 23, 2018. Three individuals provided comment;
(d) After Ecology’s March 2021 conditional approval of the Clallam SMP, board of county commissioners final adoption was imminent and the city council conducted another public hearing on June 28, 2021. One individual provided comment;
(e) Notice of each council hearing was published in the Forks Forum newspaper on April 5, 2018, and June 17 and 24, 2021. Interested parties and shoreline property owners were notified via mail.
(2) Comprehensive Update, Periodic Review and Evaluation Complete. The city council hereby finds that the comprehensive update required by RCW 90.58.080(2), and the review and evaluation required by RCW 90.58.080(4) have occurred, as described in this section. After considering all public comments and evidence, the council determined that the Clallam SMP proposed to serve as the city’s SMP complies with all applicable laws and rules. (Ord. 656 §§ 2(A), (B), 2021)
14.25.020 Adoption of the Clallam County shoreline master program.*
The city of Forks hereby adopts the 2021 Clallam County SMP, as final approved by Department of Ecology on August 18, 2021, to be referenced in this chapter. The city finds the updated SMP consistent with the requirements of Chapter 90.58 RCW and Chapter 173-26 WAC, as applicable. (Ord. 656 § 2(C), 2021)
*Code reviser’s note: For the background and history leading to the adoption of this shoreline master program, or for the related companion technical documents adopted for relevant background, please see Sections (1) and (2)(G) of Ord. 656.
14.25.030 Applicable shorelines within the city.
The Clallam County SMP shall be applicable to all shorelines of the state found within the borders, now or as found in the future, of the city of Forks, including qualifying shorelines, shorelands (including associated wetlands, floodways, and the full extent of the 100-year floodplain), and shorelines of statewide significance along portions of the following water bodies:
(1) Calawah River;
(2) Elk Creek;
(3) Mill Creek; and
(4) Bogachiel River. (Ord. 656 § 2(D), 2021)
14.25.040 Application to all use and development activities within the city.
In adopting the Clallam County SMP and making it applicable to all activities regulated by the Washington Shoreline Management Act within the city of Forks, the city also adopts all applicable rules, regulations, and processes as adopted by Clallam County needed to implement the SMP as adopted. (Ord. 656 § 2(E), 2021)
14.25.050 Exclusivity of SMP.
The SMP critical area provisions will exclusively apply within the city’s shoreline jurisdiction, while the city’s critical areas code (Chapter 14.20 FMC) and wetlands code (Chapter 14.15 FMC) will apply outside shoreline jurisdiction. (Ord. 656 § 2(F), 2021)