A seller's property in Pierce County includes a small stream that qualifies as a 'shoreline of the state' under the Shoreline Management Act. The seller received a Shoreline Conditional Use Permit five years ago to operate a small boat launch on the property, but the launch has never been built and the permit has since expired. A buyer now wants to purchase the property specifically to build and operate the boat launch as originally permitted. Which of the following BEST describes the legal situation the buyer faces under Washington's Shoreline Management Act?
Correct Answer
B) The buyer must apply for a new Shoreline Conditional Use Permit, as the expired permit no longer authorizes the proposed development, and approval is not guaranteed because the local Shoreline Master Program or state guidelines may have changed.
Under Washington's Shoreline Management Act (RCW 90.58) and local Shoreline Master Programs, a Shoreline Conditional Use Permit (CUP) is typically valid for a specified period (often two to five years) and expires if construction or use does not commence within that timeframe. Once expired, the permit no longer authorizes any development. The buyer must apply for a new Shoreline CUP through the local jurisdiction, subject to full substantive review under the current Shoreline Master Program and applicable state guidelines. Because SMPs are periodically updated and state guidelines evolve, approval is not guaranteed — the proposed boat launch must meet current standards, which may differ from those in effect when the original permit was issued.
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Related Topics & Key Terms
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Related Concepts
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