Does the Shoreline Management Act protect the views of upland residents from being obscured by shoreline development?
Yes, to some extent. RCW 90.58.320 provides as follows: No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.Thus, a local shoreline master program could allow buildings in the shoreline area to exceed 35 feet, subject to the subjective statutory limitation that “overriding considerations of the public interest will be served.” • Must the shoreline master program of a city that plans under the Growth Management Act be an element of the city’s comprehensive plan? Yes, under regulatory reform legislation adopted in 1995. RCW 36.70A.480(1) states in part that the shoreline master program of a city or county “shall be considered
