29.05.040 Relationship to other codes, ordinances, and plans.
(1) All applicable federal, state, and local laws shall apply to properties in the shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply.
(2) In the event provisions of this SMP conflict with provisions of federal, state, or city regulations, the provision that is most protective of shoreline resources shall prevail. It is understood that the provisions of this SMP may not allow development to occur at what otherwise might be the property’s full zoning potential.
(a) Local plans or programs include, but are not limited to:
(i) Chapter 24.20 PMC, Provisions for Flood Hazard Protection;
(ii) PMC Title 23, Environmental Impact;
(iii) PMC Title 25, Zoning.
(b) State and federal programs include, but are not limited to:
(i) Washington State Hydraulic Project Permits (HPA);
(ii) Washington State Pesticide Applicator License Requirements;
(iii) Washington State Waste Discharge Permits;
(iv) Washington State Water Quality Certification Requirements (401);
(v) USACE (US Army Corps of Engineers) 404 Permits and Section 10 Permits.
(3) The policies in the SMP, contained in the SMP elements, state those underlying objectives that the regulations are intended to accomplish. The policies guide the interpretation and enforcement of the SMP regulations contained in this title. The policies are not regulations in themselves and, therefore, do not impose requirements beyond those set forth in the regulations.
(4) This SMP contains critical area regulations in Chapter 29.25 PMC, applicable only in shoreline jurisdictions that provide a level of protection to critical areas assuring no net loss of shoreline ecological functions necessary to sustain shoreline natural resources (RCW 36.70A.480). In the event of a conflict between the requirements of this title and any other code or ordinance of the City, the regulation that provides the greater protection for the particular critical area within shoreline jurisdiction shall apply.
(5) Projects in the shoreline jurisdiction that have either been deemed technically complete through the application process or have been approved through local and state reviews prior to the adoption of this SMP are considered accepted. Major changes or new phases of projects that were not included in the originally approved plan will be subject to the policies and regulations of this SMP. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.040.]