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(a) The shoreline master program establishes goals, policies, standards, and regulations pertaining to projects, uses and development within shoreline jurisdiction, development within critical areas or other areas under shoreline jurisdiction as provided in the Shoreline Management Act (Chapter 90.58 RCW) and the Growth Management Act (Chapter 36.70A RCW), and development regulated under the National Flood Insurance Program. The policies, standards and procedures of this title are intended to:

(1) Preserve development options within designated critical areas where such development will not adversely impact critical area values and functions;

(2) Prevent further degradation of critical areas;

(3) Conserve, protect and, where feasible, restore essential or important natural resources;

(4) Protect the public health, safety and general welfare;

(5) Further the goals and objectives of the city of Selah comprehensive plan and all of its elements;

(6) Implement the goals and requirements of the Washington Growth Management Act (Chapter 36.70A RCW) as it applies to shoreline jurisdiction, the Shoreline Management Act (Chapter 90.58 RCW), and the National Flood Insurance Program;

(7) Recognize and protect private property rights;

(8) Provide development options for landowners of all existing lots to the greatest extent possible, through the establishment of variance, reasonable use provisions and nonconforming use and facility provisions;

(9) Manage for no net loss of ecological function within shoreline jurisdiction, to protect against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life;

(10) Establish a consistent foundation of regulations that apply to similar issues whether they are inside or outside shoreline jurisdiction. Additional protection measures required as a result of shoreline master program updates to this title are identified as applying within shoreline jurisdiction and are not intended to be applied outside shoreline jurisdiction;

(11) Recognize that mining is a unique use as a result of its inherent linkage to geology. Therefore, mining and related activities may be an appropriate use when conducted consistent with the policies and provisions of WAC 173-26-241(h), within all shoreline designations, except the natural and floodway/CMZ environments.

(b) In addition, the policies, standards and procedures of this title:

(1) Are not intended to regulate the operation and maintenance of existing, legally established uses and structures, including but not limited to vegetative buffers on existing uses that have been reduced in width prior to the effective dates of provisions in the city of Selah critical areas ordinance (Chapter 11.50) or shoreline master program;

(2) Are not intended to result in an unconstitutional taking of private property;

(3) Are not intended to retroactively require the restoration of degraded critical areas for properties in a degraded condition prior to the effective dates of provisions in the critical areas ordinance (Chapter 11.50) or shoreline master program; but rather to use compensatory mitigation as a tool to mitigate impacts of new development;

(4) Are not intended to presume that regulatory tools are the only mechanism for protection, but rather integrated with nonregulatory tools in as balanced a manner as possible;

(5) Are not intended to prohibit the use of valid water rights. (Ord. 2123, § 1 (Att.), 2021.)