A. The City of Snohomish’s Shoreline Master Program, prepared and adopted in compliance with the Shoreline Management Act, consists of:
1. This chapter;
2. The shoreline element of the City of Snohomish Comprehensive Plan; and
3. The City of Snohomish Shoreline Restoration Plan;
4. City of Snohomish Cumulative Impacts Analysis; and
5. The City of Snohomish Shoreline Inventory and Characterization Report.
B. This chapter shall be known as “the shoreline management code.”
C. This chapter shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the purposes for which the Shoreline Management Act was enacted.
D. Unless specifically excluded by statute, all proposed uses and development occurring within the shoreline jurisdiction shall conform to Chapter 90.58 RCW, the Shoreline Management Act and this Shoreline Master Program whether or not a permit is required.
E. Development prohibited by this chapter but otherwise permitted by the Land Use Development Code is prohibited within the shoreline jurisdiction.
F. In the event of conflict between City regulations and the Shoreline Management Act, state regulations shall prevail.
G. Mitigation and/or conditions of approval imposed by the Planning Director, or designee, pursuant to this chapter shall reflect reasonable proportionality to the potential adverse impact being mitigated.
H. The Planning Director, or designee, is authorized to enforce, and if necessary in a cooperative effort with the state, the provisions of this chapter and any administrative rules enacted to implement this chapter. Enforcement shall be consistent with the provisions of Chapters 1.14 and 14.85 SMC or Chapter 173-27 WAC.
I. Alteration or reconstruction of uses or structures that do not conform to the requirements of this program shall be subject to SMC 14.250.070. Alteration or reconstruction of uses or structures that do not conform to the requirements of other chapters of this title shall be subject to the provisions of Chapter 14.80 SMC.
J. The Planning Director is authorized to make administrative decisions and interpretations of the policies and regulations of this program and the Act in accordance with SMC 14.05.050. The City shall consult with Ecology to ensure that any formal written interpretations are consistent with the purpose and intent of Chapter 90.58 RCW, and Chapters 173-26 and 173-27 WAC.
K. Applicability to Federal Lands and Agencies.
1. The Act and this program, including the permit system, shall apply to all non-federal developments and uses undertaken on federal lands and on lands subject to non-federal ownership, lease or agreement, even though such lands may fall within the external boundaries of a federal ownership.
2. Areas and uses in those areas that are under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of Chapter 90.58 RCW or this Shoreline Master Program per WAC 173-22-070.
3. Direct federal agency activities affecting the uses or resources subject to the Act must be consistent to the maximum extent practicable with the enforceable provisions of the Act as required by WAC 173-27-060.
4. Pursuant to RCW 90.58.350, nothing in this chapter shall affect any rights established by treaty to which the United States is a party. The rights of treaty tribes to resources within their usual and accustomed areas should be accommodated. (Ord. 2336, 2018)