(1) Activities and uses that are exempt from the requirement to obtain a shoreline substantial development permit are listed in RCW 90.58.030(3)(e) and WAC 173-27-040.

(2) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions in RCW 90.58.030(3)(e) and WAC 173-27-040 may be granted exemptions from the substantial development permit process.

(3) An exemption from the substantial development permit process is not an exemption from compliance with Chapter 90.58 RCW or this Program, or from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of this Program and Chapter 90.58 RCW.

(4) A use or development that is listed as a conditional use pursuant to this Program, or is an unlisted use or development, must obtain a conditional use permit even if the development or use does not require a substantial development permit.

(5) When a development or use is proposed that does not comply with the bulk, dimensional and/or performance standards of the Program, such development or use shall only be authorized by approval of a shoreline variance even if the development or use does not require a substantial development permit.

(6) The burden of proof that a development or use is exempt is on the applicant/proponent of the exempt development/use.

(7) If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project.

(8) Exempt activities shall not be conducted until a statement of exemption has been obtained from the Administrator.

(9) All statements of exemption shall be in writing. As appropriate, statements of exemptions shall contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of the Program and Chapter 90.58 RCW. The granting of a statement of exemption shall constitute a valid authorization to engage in the activity or development.

(10) The Administrator’s actions on the issuance of a statement of exemption or a denial are subject to appeal pursuant to the appeal provisions listed in this chapter.

(11) No statement of exemption is required for emergency development pursuant to WAC 173-27-040(2)(d), but after the fact permitting and/or removal of a temporary structure may be required once the emergency situation is over.

(12) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the written statement of exemption shall be sent to the applicant/proponent and Ecology pursuant to WAC 173-27-050.