18.65.045 Relationship to other regulations.
(1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the City under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all applicable local, State and Federal laws and regulations.
(2) These critical areas regulations shall apply in addition to zoning and other regulations adopted by the City.
(3) When any other chapter of the Covington Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides more protection to environmentally critical areas shall apply unless specifically provided in this chapter or unless the provision conflicts with Federal or State laws or regulations.
(4) Compliance with the provisions of this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, in addition to the process established in this chapter.
(5) If any provisions of this chapter are in conflict with any part of the City’s Shoreline Master Program, herein referenced as the City’s SMP, and codified as Chapter 16.05 SMP, the regulations in RCW 90.58.020 shall apply, as determined by the City.
(6) Provisions of this chapter that are not consistent with the State Shoreline Management Act, Chapter 90.58 RCW and supporting Washington Administrative Code chapters, shall not apply to the City’s shoreline jurisdiction.
(7) Critical Areas within Shoreline Jurisdiction. Critical areas, critical area buffers, and shoreline buffers located within shoreline jurisdiction, as defined in CMC 16.05.040, shall be regulated by this chapter, with the following clarifications and modifications. Additional clarifications and modifications are included where applicable in the body of this chapter.
(a) The reasonable use exception provisions (CMC 18.65.075) and the public agency/utility exception provisions (CMC 18.65.070) of this chapter shall not apply in shoreline jurisdiction. Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in CMC 16.05.090 and WAC 173-27-170.
(b) The allowed alteration provisions of CMC 18.65.050 shall not apply to Type S waters (shorelines of the State) or their buffers (shoreline buffers). Activities and alterations to shorelines of the State and their buffers shall be subject to the provisions of Chapter 16.05 CMC.
(c) Shoreline buffer widths are defined in CMC 16.05.280.
(d) Future amendments to this chapter shall require Ecology approval of an amendment to Chapter 16.05 CMC to incorporate updated language.
(e) If provisions of this chapter conflict with provisions of Chapter 16.05 CMC, the provisions most protective of the ecological resource shall apply, as determined by the City.
(f) If there are provisions of this chapter that are not consistent with the Shoreline Management Act, Chapter 90.58 RCW, and supporting Washington Administrative Code chapters, those provisions shall not apply in shoreline jurisdiction. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))