§206E-8.5  Developments withinspecial management areas and shoreline setback.  (a)  Notwithstandingchapter 205A, all requests for developments within a special management areaand shoreline setback variances for developments on any lands within a communitydevelopment district, for which a community development plan has been developedand approved in accordance with section 206E-5, shall be submitted to andreviewed by the lead agency as defined in chapter 205A.  In communitydevelopment districts for which a community development plan has not beendeveloped and approved in accordance with section 206E-5, parts II and III ofchapter 205A shall continue to be administered by the applicable countyauthority until a community development plan for the district takes effect.

(b)  In the review of such requests, the leadagency shall conform to the following, as deemed appropriate:

(1)  Applicable county rules adopted in accordancewith section 205A-26 for the review of developments within a special managementarea, except that paragraph (2)(C) of section 205A-26 shall not apply; and

(2)  Part III of chapter 205A and applicable countyrules for the review of developments within the shoreline setback.

(c)  With the approval of the lead agency, thedevelopments may be allowed without a special management area permit orshoreline setback variance as required by chapter 205A. [L 1990, c 86, §§5, 18;am L 1999, c 35, §1; am L 2002, c 208, §2]