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Home My WebLink AboutCI-181CI-181 Page 1 of 4 Department of Community and Economic Development Planning Division ADMINISTRATIVE CODE INTERPRETATION ADMINISTRATIVE CODE INTERPRETATION #: 181 MUNICIPAL CODE SECTIONS: 4-3-050, Critical Areas Regulations 4-3-090, Shoreline Master Program Regulations 4-9-190, Shoreline Permits REFERENCE: Ord. 5976, 2018 Shoreline Master Program Periodic Review SUBJECT: Shoreline Master Program BACKGROUND: The city’s Shoreline Master Program (SMP) is undergoing a statutorily required periodic review. The city has submitted an amendment to the Washington State Department of Ecology (Ecology) for approval. On November 20, 2019, Ecology provided the city with an initial determination of consistency with the policy of the Shoreline Management Act (SMA) and applicable rules. The city’s final adopted ordinance incorporated most of Ecology’s required and recommended changes provided as part of the initial determination; however, some required changes were not fully accepted resulting in portions of the SMP to be inconsistent with applicable laws and rules. Additionally, Ecology has identified recommended changes to provide clarity and consistency of implementation. DECISION: RMC shall be interpreted to comply with Ecology’s required and recommended changes, as follows: 1. Required Changes a. Finding: Ecology finds that local governments may incorporate regulations from other plans and code into the SMP if a specific, dated version of that code is referenced [WAC 173-26-191(2)(b)]. The SMP is intended to meet the requirement to provide for the management of critical areas by incorporating regulations from the city’s critical area ordinance (CAO) in RMC 4-3-050. However, the SMP does not reference a specific, dated version of this code section. This requirement was identified during the SMP amendment initial determination and was listed as a required change but was inadvertently omitted from the locally adopted amendment package. CI-181 Page 2 of 4 Decision: RMC 4-3-090D.2.c, Critical Areas within Shoreline Jurisdiction, shall be interpreted to reference critical areas regulations adopted by Ordinance Number 5976, on August 3, 2020. b. Finding: Ecology finds that local governments should “promote human uses and values” when planning for critical areas [WAC 173- 26-221(2)(b)(v)]. Ecology finds that the city’s proposed incorporation of the CAO includes a provision ensuring that should there be conflict between the CAO and the SMP, the more protective regulations shall prevail. Ecology finds that some incorporated CAO regulations could conflict with specific allowances in the SMP to foster water-oriented uses. Decision: RMC 4-3-090.D.2.c, Critical Areas within Shoreline Jurisdiction, shall be interpreted to give deference to the Shoreline Management Act and city’s SMP if there is a conflict or inconsistency between any of the adopted provisions of the CAO and the city’s SMP. 2. Recommended Changes Ecology identified three recommended changes to provide clarity and improved implementation. These recommendations are related to: a. Finding: RMC 4-3-090.E.1 references Table 4-3-090.E.1 and states that “uses not specified in this table may be allowed through a Shoreline Conditional Use permit if allowed in the underlying zoning”; however, the Table includes columns for the High Intensity and High Intensity Isolated Shoreline Overlays stating conflicting permitting allowances and requirements. Decision: The aforementioned portion of RMC 4-3-090.E.1 shall be interpreted to state “With the exception of High Intensity and High Intensity Isolated overlay districts, uses not specified in this table may be allowed through a Shoreline Conditional Use permit if allowed in the underlying zoning.” b. Finding: Effective July 1, 2022, the dollar threshold for substantial development is $8,504 (WSR-22-11-036). The dollar threshold codified in the SMP is $7,047. Decision: The dollar threshold for substantial development shall be interpreted to be $8,504. c. Finding: RMC 4-3-050.C.3 provides a table specifying activities within critical areas and their buffers that are exempt from permitting. The table has associated footnotes, but due to edits to the table there are no references to footnotes 30, 31, 32, and 33. Decision: Footnotes 30, 31, 32, and 33 shall be interpreted to be struck from RMC 4-3-050.C.3. JUSTIFICATION: The City’s proposed amendment with incorporation of Ecology’s required changes, can be considered consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173- CI-181 Page 3 of 4 26-171 through 251 and .020 definitions). Furthermore, the changes recommended by Ecology will provide clarity and consistent implementation of the SMP. ADMINISTRATOR APPROVAL: ____________________________________ C. E. “Chip” Vincent EFFECTIVE DATE: BINDING: Under principles of judicial finality, administrative code interpretations that are not timely appealed are binding. This binding decision is a formally adopted interpretation of existing Renton Municipal Code. APPEAL PROCESS: To appeal this determination, a written appeal accompanied by the required filing fee must be filed with the City’s Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6551) no more than 14 days from the date of this decision. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. SPECIFIED CODE SECTIONS SHALL BE READ AS FOLLOWS: RMC 4-3-090.D.2.c: i. Applicable Critical Area Regulations: Critical areas regulations, as codified in RMC 4-3-050, (Ordinance Number 5976, August 3, 2020) Critical Area Regulations, are adopted by reference except for the provisions modified in subsection D2cii and excluded in D2ciii of this Section. Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of RMC 4-3- 050 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result, the Administrator shall determine the effective code. CI-181 Page 4 of 4 the Shoreline Master Program, the most restrictive provisions Shoreline Management Act and this Shoreline Master Program shall prevail. RMC 4-3-090.E: 1. Shoreline Use Table: Uses specified in the table below are subject to the use and development standards elsewhere in this Section and the policies of the Shoreline Master Program. With the exception of High Intensity and High Intensity Isolated overlay districts, Uuses not specified in this table may be allowed through a Shoreline Conditional Use permit if allowed in the underlying zoning. All development within shoreline jurisdiction, even if a permitted use in the table below, is subject to a Shoreline Substantial Development permit or Shoreline Exemption as required in RMC 4-9- 190.B.3. RMC 4-9-190.C.1: b. Projects Valued at $7,047.00 $8,504.00 or Less: Any development of which the total cost or fair market value does not exceed seven eight thousand forty-seven five hundred four dollars ($7,047.00 $8,504.00), or as adjusted per RCW 90.58.030(3), if such development does not materially interfere with the normal public use of the water or shorelines of the State. RMC 4-3-050.C: 3. Exemptions – Critical Areas and Buffers: 30. Normal protective bulkhead is defined in WAC 173-27-040(2)(c). 31. The construction of docks are defined and limited by WAC 173-27- 040(2)(h). 32. The operation, maintenance, or construction of facilities as part of an irrigation system are defined in WAC 173-27-040(2)(i). 33. Limitations on the removal and control of aquatic noxious weeds is defined in WAC 173-27-040(2)(n). STAFF CONTACT: Paul Hintz, x7436