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Staff explains how Shoreline Master Program will fold critical-area rules into single permitting framework
Summary
Planning staff said the county will fold critical-area regulations into the Shoreline Master Program where shoreline jurisdiction applies, aiming to avoid duplicate permits and make the most restrictive provision apply; Ecology is reviewing required changes.
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County planners told the commission that the Shoreline Master Program (SMP) update will incorporate critical-area protections where shorelines and critical areas overlap so permit applicants will rely on one permitting framework rather than two separate processes.
"If you're in SMP jurisdiction and you have critical areas and shorelines, the SMP is going to control your permitting and your administration," said Andy Defovit, senior planner. He explained that shoreline jurisdiction covers marine waters, lakes 20 acres or larger and streams with flows greater than 20 cubic feet per second, plus a 200-foot shoreland buffer and associated wetlands and floodplain areas.
Staff said the SMP update expands the base shoreline jurisdiction in some places to include marine bluffs and landslide/erosion hazard areas and that Ecology has already signaled the county will need to make specific adjustments to wetland provisions to align with the Shoreline Management Act. County staff emphasized that where both SMP and CAO standards apply, the most restrictive provision will generally control; permits inside shoreline jurisdiction will be processed under SMP pathways (substantial development permits, conditional use permits or variances) rather than CAO-specific reasonable-use exceptions.
The county's SMP was locally adopted in December 2023 and is now under Ecology review. Andy told commissioners the county has been coordinating with Ecology and expects a formal response later in the year; any changes Ecology requires will be relayed to the Board of County Commissioners for final action.
Staff said the longer-term goal is to align a revised CAO with the SMP so future critical-area rule updates are consistent and clearer for applicants, recognizing Ecology controls final SMP approvals.
Commissioners asked how combined jurisdiction would work in practice for constrained marine-bluff lots, wetlands adjacent to lakes, or smaller tributary streams that connect to regulated shoreline water bodies. Staff responded these cases would generally result in a single shoreline permit with the appropriate SMP standards applied; where a non-shoreline critical area exists on the parcel, the CAO-derived buffer language would remain in the integrated process.
The commission did not vote on SMP matters at the meeting; staff reiterated Ecology review is ongoing and further board-level decisions will follow Ecology's formal response.

