35.05.130 Governing principles.
The following governing principles, along with the policy statement of RCW 90.58.020 and the principles of Chapter 173-26 WAC, establish the basic concepts of this Program:
(1) Any inconsistencies between this Program and the Shoreline Management Act, Chapter 90.58 RCW, must be resolved in accordance with the Act.
(2) The policies of this Program may be achieved by diverse means, one of which is regulation. Other means authorized by the Act include, but are not limited to: implementation of voluntary public or private restoration of shoreline ecological functions; acquisition of lands and/or easements by purchase or gift for protecting shoreline ecological functions and/or increasing public access to the shoreline; and incentive programs.
(3) Protecting the shoreline environment is an essential statewide policy goal. Permitted and/or exempt development, actions taken prior to the Act’s adoption, and/or unregulated activities can impair shoreline ecological processes and functions. This Program protects shoreline ecological functions from such impairments in the following ways:
(a) By using a process that identifies, inventories, and ensures understanding of current and potential ecological functions provided by shorelines.
(b) By including policies and regulations that require mitigation of adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing.
(c) This Program and any future amendment hereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions documented in the Clallam County Shoreline Inventory and Characterization Reports.
(d) By including policies and regulations that ensure that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities.
(e) By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such opportunities have been identified, consistent with the Shoreline Restoration Plan.
(4) Regulation of private property to implement Program goals, such as public access and protection of ecological functions and processes, must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, the protections afforded by the federal and State constitutions, and federal, State and local laws.
(5) Regulatory or administrative actions contained herein must be implemented with consideration to the Public Trust Doctrine, regulatory takings, and other applicable legal principles as appropriate.
(6) Regulatory provisions of this Program are limited to jurisdictional limits of this Program, whereas the planning functions of this Program may extend beyond the shoreline jurisdiction.
(7) Unless expressly stated to the contrary, each use and development described in this Program, and the construction, operation and maintenance of any facilities associated therewith, shall not cause a net loss of shoreline ecological functions or processes or adversely impact other shoreline resources and values. The proponent shall provide compensatory mitigation for any unavoidable adverse impacts to the shoreline environment in accordance with CCC 35.40.030.