Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 23 > Nov 13 1974

If a surface mining operation for which a state permit has been issued under chapter 64, Laws of 1970, constitutes a "development" as defined in § 3 of the shoreline management act of 1971 (RCW 90.58.030) and is inconsistent with the properly formulated master program for the use of shorelines within the city in which it is occurring, as developed in accordance with RCW 90.58.080, such surface mining operation will be prohibited by RCW 90.58.140 if undertaken on those shorelines.

AGO 1970 NO. 23 > Oct 27 1970

(1) After the effective date of chapter 64, Laws of 1970, it will not be legal to engage in surface mining in this state solely on the basis of a license or permit issued by a county, city or town without also obtaining a permit from the state board of natural resources.  (2) A county, city or town may not prohibit an operator to whom a state permit is issued under chapter 64, Laws of 1970, from engaging in surface mining within its jurisdiction in accordance with this permit.