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A. Applicability. The SMA permits specific agricultural activities to be exempted from regulation under the SMP. Other agricultural practices qualify for a more limited exemption from the requirement to obtain a shoreline substantial development permit.

1. Exempted Activities. If an activity qualifies as agricultural activity on agricultural land, as defined in RCW 90.58.065, and the activity existed as of the date of adoption of the SMP, then the provisions of this SMP do not apply and a shoreline permit is not required for that activity.

a. Maintaining, repairing and replacing agricultural facilities, including modernization and replacement of existing facilities.

b. In all other cases not specifically excepted under the SMA, all substantive SMP provisions apply.

2. Permit-Exempt Activities. If an activity does not qualify as excepted as described in subsection (A)(1) of this section, it may still qualify for an exemption from the requirement to obtain a shoreline substantial development permit under RCW 90.58.030(3)(e) and WAC 173-27-040(2).

Pursuant to WAC 173-27-040(1), such exemptions are to be construed narrowly and an exemption from the substantial development permit process is not an exemption from compliance with the SMP. A shoreline substantial development permit is required for all agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).

B. Development Standards for New Agricultural Activities.

1. Agricultural uses and development shall be consistent with the shoreline environment designation in which they are proposed, ensure no net loss of ecological function and not have a significant adverse impact on other shoreline resources and values.

2. Agricultural practices must prevent and control erosion of soils and bank materials within shoreline areas.

3. Pesticides and herbicides must be handled, applied and disposed of in accordance with provisions of the Washington Pesticide Application Act (Chapter 17.21 RCW) and the Washington Pesticide Control Act (Chapter 15.58 RCW).

4. Feedlot operations and animal waste retention and storage areas must not be located within shoreline jurisdiction unless direct manure runoff is prevented.

5. The bulk disposal of inorganic farm wastes, chemicals, fertilizers and associated containers and equipment within shoreline jurisdiction is prohibited.

6. The storage of toxic or hazardous chemicals used for agricultural practices is prohibited in shoreline areas subject to flooding.

7. Agricultural-commercial uses (such as roadside stands, pumpkin patches, etc.) are allowed where indicated in Table 5-1: Permitted, Conditional and Prohibited Uses and shall be consistent with commercial use standards in Section 14.50.570.

8. Conversion of agricultural land to nonagricultural uses shall be consistent with the shoreline environment designation in which it is proposed. Conversions shall be subject to the general regulations and those use-specific regulations applicable to the proposed use and shall not result in a net loss of shoreline ecological functions.

9. Upland finfish facilities in the shoreline jurisdiction require a shoreline conditional use permit. Review of the application by the shoreline administrator will include consideration of the following:

a. Specific site conditions;

b. Current and locally applicable science;

c. Potential use conflicts;

d. Cumulative impacts; and

e. Potential mitigation and monitoring requirements.

(Ord. 6611 § 1, Amended, 08/09/2017)