35.05.070 Exceptions to applicability.
(1) This Program shall not apply to:
(a) Lands held in trust by the United States for Indian Nations, Tribes, or individuals;
(b) Lands within the boundaries of the Olympic National Park in accordance with RCW 37.08.210, including intertidal lands between the ordinary high water mark and extreme low water located within the Park along the Pacific Coast; and
(c) The exercise of treaty rights, as acknowledged and provided for in RCW 90.58.350, the Shoreline Management Act of 1971.
(2) Developments Not Required to Obtain Shoreline Permits or Local Reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following:
(a) Remedial Actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.150D RCW.
(b) Boatyard Improvements to Meet NPDES Permit Requirements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit.
(c) WSDOT Facility Maintenance and Safety Improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain substantial development permit, conditional use permit, variance, letter of exemption, or other local review.
(d) Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.
(e) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW.