Criminalization of Land Use Regulations

A little mentioned part of the Count’s Shoreline Master Program is the criminalization of violations of the regulations in the SMP.

6.4.3 Civil Penalties

Any person who fails to comply with the terms of a permit or fails to obtain a required permit shall be subject to civil penalties not to exceed one thousand dollars ($1,000) for each violation. Each permit violation or each day of continued development without a required permit shall constitute a separate violation.

6.4.4 Criminal Penalties

“Any person willfully engaged in activities on the shorelines of the state in violation of the Act, this Master Program, or any rules and regulations adopted pursuant thereto, shall be guilty of a gross misdemeanor, pursuant to RCW 90.58.220.”

Does this make the homeowner a criminal if a tree dies in a vegetative management plan?

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