(1) Substantial development undertaken on the
shorelines of the state prior to the effective date of the act, including
changes in shoreline jurisdiction as described in subsection (2) of this
section, shall not require a permit except under the following circumstances:
(a) When the activity was unlawful prior to
the effective date of the act.
(b)
When there has been an unreasonable period of dormancy in the project between
its inception and the effective date of the act.
(c) When the development is not completed
within two years after the effective date of the act.
(d) When substantial development occurred
prior to the effective date of the act on a shoreline and continued on to a
different lake, river or tributary after the effective date, a permit shall be
required for the development undertaken after the effective date.
(e) Substantial development undertaken prior
to the effective date of the act shall not continue without a permit into other
phases that were not part of the plan being followed at the time construction
commenced.
(2) The
effective date of the act is determined by one of the following procedures:
(a) When a change in the area subject to the
jurisdiction of the act occurs as a result of a determination of jurisdiction
by the department based on the provisions of
RCW
90.58.030(2)(d) or (e), the
effective date of the act shall be the date the department provides written
notice of the change to the local government(s) in which the affected area is
located.
(b) When a change in the
area subject to the jurisdiction of the act occurs as a result of an updated
shoreline master program that supersedes the jurisdiction lists in
chapter
173-18,
173-20 and
173-22 WAC, the effective date of the act shall be
the date the department approves the updated master program.
