Clam Shacks of America, Inc. v. Skagit County

Brachtenbach, J. —

Does the Shoreline Management Act of 1971 (SMA), RCW 90.58, authorize local governments to require conditional use permits for shoreline activities which are not "developments" as defined by the SMA? The trial court and the Court of Appeals held there was such authority. We affirm.

This dispute arises from Clam Shacks' efforts to harvest clams commercially from leased, privately owned, mud-flat tidelands in Skagit Bay. The tidelands are within an area designated as "[s]horelines of state-wide significance". See RCW 90.58.030(2) (e) (ii) (D). Skagit County had adopted, and the…