The Shoreline Management Act (SMA) is a Washington state law that regulates existing and proposed activities in marine waters, lakes, rivers, and upland areas within 200 feet of those waterbodies. Activities within this shoreline jurisdiction must comply with the SMA and the local government’s Shoreline Master Program (SMP).
The Washington Department of Ecology (Ecology) is updating the SMA rules (Ecology 2025). These rules outline which shoreline activities require permits, how to apply for shoreline permits, and the review criteria local governments and Ecology use to evaluate permit applications. Updates to existing rules and the addition of new rules are outlined below.
Summary of Draft Updates to Existing SMA Rules
- Shoreline Exemptions (WAC 173-27-040)
- Normal maintenance, repair, and replacement of shoreline stabilization structures is now only exempt for single-family residences.
- New Exemption Applications Require:
- Contact and location information
- Project description
- How the exemption applies to the project
- Site plans, including OHWM, buffer/setback, critical areas and buffers, existing and proposed vegetation, floodway, channel migration zone, and sea level rise risk area
- Demonstration of mitigation sequencing
- Developments Not Required to Obtain Shoreline Permits or Local Review (WAC 173-27-044)
- Fish Hatchery Maintenance: Routine operations, including maintenance of water intakes and discharges, fish ladders, water and power conveyances, weirs, and racks and traps used for fish collection, were added to the list of projects not requiring a shoreline permit.
- Fish Habitat and Fish Passage Enhancement Projects: Public and private projects designed to improve fish habitat or fish passage were moved from the shoreline exemptions to this section. If the project is approved by WDFW under RCW 77.55 or WDNR under RCW 77.55.181, it will no longer require a shoreline permit or local review.
- WSDOT facility maintenance: Specific criteria were added for WSDOT facility maintenance and safety improvement projects that do not require shoreline permits or local reviews.
- Filing with Department of Ecology (WAC 173-27-130)
- To address inconsistencies in conditional use and variance permit review timelines, the rule update clarifies that Ecology’s 30-day review timeline will begin after a complete application has been submitted, as outlined in WAC 173-27-180.
- To address inconsistencies in conditional use and variance permit review timelines, the rule update clarifies that Ecology’s 30-day review timeline will begin after a complete application has been submitted, as outlined in WAC 173-27-180.
- Review Criteria for Conditional Use Permits (WAC 173-27-160) and Variance Permits (173-27-170)
- Applications must now include a no net loss analysis.
- Permit application reviews will now incorporate future hazards, such as sea level rise.
- Shoreline variance applications must include alternate plans demonstrating where the project could occur without a variance.
- Application Requirements for Substantial Development, Conditional Use, or Variance Permit (WAC 173-27-180)
- A complete application now requires the submittal of documentation that was previously considered best practice, including:
- Applicable technical reports (e.g., geotechnical, critical areas, channel migration, etc.)
- A narrative demonstrating consistency with the SMA and local SMP
- Site plans showing all critical areas and buffer
- Sea level rise hazard area requirements.
- A complete application now requires the submittal of documentation that was previously considered best practice, including:
- Regulatory relief requests resulting from restoration projects (WAC 173-27-215)
- Includes regulatory relief for property owners of restoration sites and adjacent property owners where restoration efforts caused a change in shoreline jurisdiction.
Summary of New Draft SMA Rules
- Integrated Project Review – SMP project consistency analysis and environmental review under SEPA (WAC 173-27-115)
- Outlines how local governments should integrate SEPA and shoreline review to eliminate duplication in processes and requirements. Documentation and studies submitted with a shoreline application can be used to meet SEPA requirements.
- Application Requirements in the Sea Level Rise Hazard Area (WAC 173-27-185)
- Applicable only after incorporation into the local SMP. The SMP will identify Sea Level Rise Hazard Areas.
- Development, uses, and activities proposed within a Sea Level Rise Hazard Area will be subject to additional review and submittal requirements.
- Permit Rescission (WAC 173-27-295)
- A local government may rescind a permit if the permittee has not complied with the authorization. After rescission, work approved by the permit cannot proceed until a new permit is obtained.
- Violators Liable for Damages Resulting from Violation – Attorney’s fees and costs (WAC 173-27-320)
- Anyone who undertakes a use or development in shoreline jurisdiction without required permits, fails to comply with permit conditions, or violates the SMA or SMP will be liable for all damages to public or private property arising from the violation, including the cost of restoring the affected area. Additionally, the court may award attorney’s fees and costs to the suit of the prevailing party.
Timeline (Ecology 2026):
- September-November 2026: Formal public comment period
- Winter 2026 and 2027: Ecology will respond to comments and revise the draft rules
- March 2027: New rules will take effect
Have Questions?
Contact Meghan Flounlacker ([email protected]) to understand your specific project’s needs for this rule update. More information can be found on Ecology’s SMA rule update website.
