(1)
Local governments shall develop or amend a master program for
regulation of uses of the shorelines of the state consistent with
the required elements of the guidelines adopted by the department
in accordance with the schedule established by this section.
(2)(a) Subject to the provisions of subsections (5) and (6)
of this section, each local government subject to this chapter
shall develop or amend its master program for the regulation of
uses of shorelines within its jurisdiction according to the
following schedule:
(i) On or before December 1, 2005, for the city of Port
Townsend, the city of Bellingham, the city of Everett, Snohomish
county, and Whatcom county;
(ii) On or before December 1, 2009, for King county and the
cities within King county greater in population than ten
thousand;
(iii) Except as provided by (a)(i) and (ii) of this
subsection, on or before December 1, 2011, for Clallam, Clark,
Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom
counties and the cities within those counties;
(iv) On or before December 1, 2012, for Cowlitz, Island,
Lewis, Mason, San Juan, Skagit, and Skamania counties and the
cities within those counties;
(v) On or before December 1, 2013, for Benton, Chelan,
Douglas, Grant, Kittitas, Spokane, and Yakima counties and the
cities within those counties; and
(vi) On or before December 1, 2014, for Adams, Asotin,
Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat,
Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum,
Walla Walla, and Whitman counties and the cities within those
counties.
(b) Nothing in this subsection (2) shall preclude a local
government from developing or amending its master program prior
to the dates established by this subsection (2).
(3)(a) Following approval by the department of a new or
amended master program, local governments required to develop or
amend master programs on or before December 1, 2009, as provided
by subsection (2)(a)(i) and (ii) of this section, shall be deemed
to have complied with the schedule established by subsection
(2)(a)(iii) of this section and shall not be required to complete
master program amendments until seven years after the applicable
dates established by subsection (2)(a)(iii) of this section. Any
jurisdiction listed in subsection (2)(a)(i) of this section that
has a new or amended master program approved by the department on
or after March 1, 2002, but before July 27, 2003, shall not be
required to complete master program amendments until seven years
after the applicable date provided by subsection (2)(a)(iii) of
this section.
(b) Following approval by the department of a new or amended
master program, local governments choosing to develop or amend
master programs on or before December 1, 2009, shall be deemed to
have complied with the schedule established by subsection
(2)(a)(iii) through (vi) of this section and shall not be
required to complete master program amendments until seven years
after the applicable dates established by subsection (2)(a)(iii)
through (vi) of this section.
(4) Local governments shall conduct a review of their master
programs at least once every seven years after the applicable
dates established by subsection (2)(a)(iii) through (vi) of this
section. Following the review required by this subsection (4),
local governments shall, if necessary, revise their master
programs. The purpose of the review is:
(a) To assure that the master program complies with
applicable law and guidelines in effect at the time of the
review; and
(b) To assure consistency of the master program with the
local government's comprehensive plan and development regulations
adopted under chapter 36.70A RCW, if applicable, and other local
requirements.
(5) Local governments are encouraged to begin the process of
developing or amending their master programs early and are
eligible for grants from the department as provided by RCW 90.58.250, subject to available funding. Except for those local
governments listed in subsection (2)(a)(i) and (ii) of this
section, the deadline for completion of the new or amended master
programs shall be two years after the date the grant is approved
by the department. Subsequent master program review dates shall
not be altered by the provisions of this subsection.
(6)(a) Grants to local governments for developing and
amending master programs pursuant to the schedule established by
this section shall be provided at least two years before the
adoption dates specified in subsection (2) of this section. To
the extent possible, the department shall allocate grants within
the amount appropriated for such purposes to provide reasonable
and adequate funding to local governments that have indicated
their intent to develop or amend master programs during the
biennium according to the schedule established by subsection (2)
of this section. Any local government that applies for but does
not receive funding to comply with the provisions of subsection
(2) of this section may delay the development or amendment of its
master program until the following biennium.
(b) Local governments with delayed compliance dates as
provided in (a) of this subsection shall be the first priority
for funding in subsequent biennia, and the development or
amendment compliance deadline for those local governments shall
be two years after the date of grant approval.
(c) Failure of the local government to apply in a timely
manner for a master program development or amendment grant in
accordance with the requirements of the department shall not be
considered a delay resulting from the provisions of (a) of this
subsection.
(7) Notwithstanding the provisions of this section, all
local governments subject to the requirements of this chapter
that have not developed or amended master programs on or after
March 1, 2002, shall, no later than December 1, 2014, develop or
amend their master programs to comply with guidelines adopted by
the department after January 1, 2003.
(8) Local governments may be provided an additional year
beyond the deadlines in this section to complete their master
program or amendment. The department shall grant the request if
it determines that the local government is likely to adopt or
amend its master program within the additional year.
[2007 c 170 § 1; 2003 c 262 § 2; 1995 c 347 § 305; 1974 ex.s. c 61 § 1; 1971 ex.s. c 286 § 8.]
NOTES:
Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470.