35.15.650 Ocean use administration.
(1) Additional ORMA Approval Criteria for Ocean Uses and Developments. In addition to the otherwise required shoreline substantial development, conditional use, or variance approval criteria, newly proposed ocean uses or development shall meet or exceed this additional approval criteria:
(a) There is a demonstrated significant local, State, or national need for the proposed use or activity;
(b) There is no reasonable alternative to meet the public need for the proposed use or activity;
(c) There will be no likely long-term significant adverse impacts to coastal or marine resources or uses;
(d) All reasonable steps are taken to avoid and minimize adverse environmental impacts, with special protection provided for the marine life and resources of the Olympic National Park;
(e) All reasonable steps are taken to avoid and minimize adverse social and economic impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and recreational, commercial, and Tribal fishing;
(f) Compensation is provided to mitigate adverse impacts to coastal resources or uses;
(g) Plans and sufficient performance bonding are provided to ensure that the site will be rehabilitated after the use or activity is completed; and
(h) The use or activity complies with all applicable local, State, and federal laws and regulations.
(2) Additional MSP Procedural Requirements for New Ocean Use Proposals. In addition to the otherwise required shoreline substantial development, conditional use, or variance permit procedural requirement, MSP-defined new ocean use proposals shall include the following:
(a) Preapplication Meeting. Prior to submitting any applications for shoreline permits for new ocean uses or developments the applicant will participate in at least one preapplication meeting which may be consolidated and coordinated with all local, State, and federal agencies. During the preapplication stage:
(i) The applicant should use the MSP to understand potential use and resource conflicts, including review of the baseline data, maps, analyses, and management framework. This information can assist applicants in avoiding and minimizing impacts to resources and uses through project siting and design.
(ii) The applicant should provide required data and information about the project, and identify and coordinate with stakeholder groups as well as other governments, including State, Tribal, and federal government entities.
(iii) The applicant should identify State and local policies, procedures, and requirements, including those referenced in the Marine Spatial Plan.
(b) Inventory. Review adequacy of site-specific inventory and respond to requests for additional data or studies.
(c) Effects Analysis. Submit an effects evaluation (see Article V of Chapter 35.20 CCC) which includes proposed mitigation measures, and best management practices.
(d) Plans. Submit proposed construction and operation plans, including adequacy of prevention, monitoring, and response plans.
(e) Coordination. Continue to coordinate with government entities (local, State, Tribal, and federal agencies), stakeholders (representatives from fishing, aquaculture, maritime commerce, conservation, tourism, recreation), and the Washington Coastal Marine Advisory Council (WCMAC), and the public in all aspects of project development and review.