New version of shoreline guidelines offers flexibility, choice
OLYMPIA - The state Department of Ecology (Ecology) has released a new draft of proposed shoreline guidelines that attempts to balance local governments' desire for flexibility with federal fish agencies' need for certainty that fish habitat will be protected.
The new guidelines would establish two options for cities and counties as they update their shoreline master programs.
"Path A" allows local governments flexibility and creativity in how they meet the standards of the state's Shoreline Management Act - something several of them requested after reviewing an earlier version of the guidelines.
But federal natural-resource agencies were concerned that too much flexibility could leave shorelines inadequately protected and could further harm fish. So as an alternative, "Path B" outlines more-specific measures for protecting shoreline functions.
"We believe the two-path approach is a creative solution that covers a range of needs," said Gordon White, the shorelands manager for Ecology. "The important thing is that both paths will provide adequate shoreline protection and also protect fish."
Because of the greater detail in Path B, the National Marine Fisheries Service (NMFS) and the U.S. Fish & Wildlife Service (FWS) have more confidence it will adequately protect fish and their habitat, although jurisdictions that choose Path A will have to provide the same level of protection.
The two agencies have sent letters to Ecology indicating that Path B meets the standard needed for a local government to get an exception under the Endangered Species Act (ESA).
If an ESA-listed fish is harmed or its habitat disturbed as the result of an activity covered by an exception, it would not be considered "take" and would not be subject to ESA liability. Without that exception, hundreds of activities could be subject to federal enforcement or citizen lawsuits brought against landowners, developers, and state and local governments.
About three-quarters of the state has one or more fish species listed as threatened or endangered under the ESA. "This is a significant environmental challenge, and we cannot walk away from it," said Ecology Director Tom Fitzsimmons. "Through our new shoreline guidelines, we can avoid financial penalties and legal liability, and also make real progress toward putting fish back in our streams."
The Shoreline Management Act (SMA) requires local governments to adopt and maintain local master programs that are consistent with the state guidelines. In 1995, the state legislature directed Ecology to review and update the state guidelines, which had not been changed since 1972.
Ecology released a first draft in 1999 that elicited about 2,500 comments from local governments, farmers, waterfront owners, the construction industry, environmentalists and others. The new version incorporates numerous changes in response to those comments.
For example, the proposal makes it clear that the guidelines will not apply to existing and ongoing agricultural activities. It also clarifies that repairing and maintaining existing bulkheads is allowed, and that owners of single-family residences do not have to demonstrate that a nearby dock is unavailable before getting permission to build a new pier or dock.
However, the guidelines still contain provisions making it harder to install new bulkheads. Applicants will have to demonstrate that a bulkhead is truly needed, and new and replacement bulkheads will have to be designed to reduce harm to neighboring shorelines. Also, neighbors are encouraged to share piers and docks to reduce the spread of individual structures.
"The way we've been using waterfront property has not only damaged the environment in many areas of the state, but also damaged our neighbors' property," said Gordon White. "Some of these changes may seem intrusive, but in time we hope people come to understand the benefits to our communities and our long-term quality of life."
During the 2000 legislative session, state lawmakers debated whether to cancel or delay the guidelines. They also considered a proposal to extend the two-year statutory deadline for local governments to update their local master programs. But in the end, no changes were adopted.
The public-comment period on the proposal will last from June 7 through Aug. 7. People may submit comments in writing via mail or the Internet, or may present oral remarks at one of the eight public hearings listed below.
Each event will begin with an informational question-and-answer period at 5:30 p.m., followed by the formal public hearing at 7 p.m.
The guidelines can be viewed on the Internet at
(Select the following to go to:) http://www.ecy.wa.gov/programs/sea/SMA/guidelines/newguid.htm
Printed versions will be available at the public hearings, or can be obtained by calling 888-211-3641 or by sending an e-mail to shorerule@ecy.wa.gov Media contact: Sheryl Hutchison, Communications Director, 360-407-7004
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