35.50.110 Permit revisions.
(1) A permit revision is required whenever the applicant/proponent proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this Program or Chapter 90.58 RCW. Changes that are not substantive in effect do not require a permit revision.
(2) An application for a revision to a shoreline permit shall be submitted to the Administrator. The application shall include detailed plans and text describing the proposed changes. The County decision maker that approved the original permit may approve the request upon a finding that the proposed changes are within the scope and intent of the original permit, and are consistent with this Program and Chapter 90.58 RCW.
(3) “Within the scope and intent of the original permit” means all of the following:
(a) No additional over-water construction is involved except that a pier, dock or floating structure may be increased by 500 square feet or 10 percent over that approved under the original permit, whichever is less;
(b) Ground area coverage and/or height may be increased a maximum of 10 percent over that approved under the original permit; provided, that the revised permit does not authorize development to exceed the height, lot coverage, setback or any other requirements of this Program except as authorized under a variance granted for the original development;
(c) Additional or revised landscaping is consistent with any conditions attached to the original permit and with this Program;
(d) The use authorized pursuant to the original permit is not changed; and
(e) The revision will not cause adverse environmental impacts beyond those originally authorized in the permit.
(4) Revisions to shoreline permits may be authorized after the original permit authorization has expired. Revisions made after the expiration of the original permit shall be limited to changes that are consistent with this Program and that would not require a permit under this Program. If the proposed change is a substantial development as defined by this Program, then a new permit is required. The provisions of this subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit.
(5) A new permit shall be required if the proposed revision and any previously approved revisions in combination would constitute development beyond the scope and intent of the original permit.
(6) Upon approval of a permit revision, the decision maker shall file with the Department of Ecology a copy of the revised site plan and a detailed description of the authorized changes to the original permit, together with a final ruling and findings supporting the decision based on the requirements of this section. In addition, the decision maker shall notify parties of record of the action.
(a) If the proposed revision is to a development for which a shoreline conditional use or variance was issued, the decision maker shall submit the revision to the Department of Ecology for approval with conditions or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. Under the requirements of WAC 173-27-100(6), the Department of Ecology shall render and transmit to the decision maker and the applicant/proponent its final decision within 15 days of the date of the Department of Ecology’s receipt of the submittal from the decision maker. The decision maker shall notify parties on record of the Department of Ecology’s final decision. Appeals of a decision of the Department of Ecology shall be filed in accordance with the provisions of WAC 173-27-100(8).