14.50.730.04 Shoreline letters of exemption.
The following is applicable for all shoreline letters of exemption:
A. A letter of exemption shall be required for a development that is exempt from the requirements for a shoreline substantial development permit.
B. To qualify for a letter of exemption, the proposed use, activity or development must meet all of the requirements for an exemption. Exemptions and the standards for interpreting exemptions are found in WAC 173-27-040.
C. The shoreline administrator may issue a letter of exemption for emergency construction necessary to protect property from damage by the elements in accordance with WAC 173-27-040. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the SMP. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
D. Before determining that a proposal is exempt, the shoreline administrator may conduct a site inspection and/or request additional information to ensure that the proposal meets the exemption criteria.
E. For exempt development proposals subject to review, approval and permitting by a state or federal agency in shoreline jurisdiction or identified in this SMP as requiring a shoreline letter of exemption, the shoreline administrator shall prepare a letter of exemption in accordance with WAC 173-27-050(1). The letter of exemption shall indicate the specific exemption provisions from WAC 173-27-040(2) that are being applied to the development and it shall provide a summary of the analysis demonstrating consistency of the project with the SMA and the SMP. The letter of exemption granted may be conditioned to ensure that the activity is consistent with the SMA and the SMP.
F. Ecology is designated as the coordinating agency for the state with regard to permits issued by the USACE. The following is intended to facilitate Ecology’s coordination of actions, with regard to exempt development, with federal permit review:
1. The shoreline administrator shall prepare a letter of exemption and transmit a copy to the applicant and Ecology whenever a development is determined by the shoreline administrator to be exempt from the shoreline substantial development permit requirements and the development is subject to one (1) or more of the following federal permit requirements:
a. A USACE Section 10 permit under the Rivers and Harbors Act of 1899. The provisions of Section 10 of the Rivers and Harbors Act generally apply to a project occurring on or over navigable waters. Specific applicability information should be obtained from the USACE; or
b. A Section 404 permit under the Federal Water Pollution Control Act of 1972. The provisions of Section 404 of the Federal Water Pollution Control Act generally apply to a project that may involve discharge of dredge or fill material to any water or wetland area. Specific applicability information should be obtained from the USACE.
2. Ecology will be notified prior to issuance of the letter of exemption.