FOR IMMEDIATE RELEASE - Nov. 29, 2000 00-230
OLYMPIA - The spirit of the citizens' initiative that created the Shoreline Management Act has been rejuvenated under newly revised shoreline guidelines adopted today by the state Department of Ecology.
With his signature, Ecology Director Tom Fitzsimmons concluded a five-year effort to review and update the state's shoreline management guidelines. The guidelines provide details on how local governments can achieve the level of protection required by the Shoreline Management Act (SMA).
Gov. Gary Locke welcomed the completion of the new shoreline guidelines, saying, "It takes courage to recognize when a policy isn't working right and take steps to make it better.
"Many of our past shoreline management practices are harming private property, threatening the safety of our citizens, and destroying the quality of our shorelines," he said. "We may never recover the damage that has already been done in some parts of our state, but we can learn from those mistakes and avoid repeating them elsewhere." The new guidelines will limit the amount of development allowed adjacent to streams, lakes and marine waters in Washington state.
In the future, new structures or activities that are not "water dependent" will have to occur farther back from the edge of those water bodies, partly to protect the quality and natural functions of the shoreline, but also to protect people and businesses from floods. Natural vegetation along shorelines also will need to be preserved to help prevent erosion and to provide habitat for aquatic life such as endangered salmon.
Bulkheads, docks and other shoreline structures that harm the natural functions of shorelines will be discouraged. Bulkheads, in particular, are a problem because they deflect wave energy and increase erosion elsewhere. In the future, property owners will have to consider environment-friendly alternatives for stabilizing shorelines.
Fitzsimmons said the revised shoreline guidelines will apply only to new development or re-development. They will not apply to existing homes, businesses or farming practices, nor to shoreline properties that have already been approved for development by cities and counties under their existing shoreline master programs.
"Our shoreline practices do need to change, but we do not expect people to tear down their homes or go out of business," Fitzsimmons said. "If you already have a house at the water's edge, or if you're growing crops close to a river, you can keep living there and farming there - and I hope you'll do what you can to share that space with nature." In 1995, the state legislature directed Ecology to review and update the state guidelines every five years. Since then, Ecology involved multiple advisory committees, consulted with lawmakers, and produced several informal and formal drafts for public review and comment.
A 60-day review period on the final draft was held last summer and elicited about 2,000 comments. The department made several corrections, clarifications and refinements in response to those comments.
A key feature of the final guidelines is a two-path approach that gives cities and counties a choice in how they write and implement their shoreline master programs. "Path A" allows local governments flexibility and creativity in how they meet the standards of the SMA, while "Path B" contains specific measures for protecting shoreline functions.
The National Marine Fisheries Service (NMFS) and the U.S. Fish & Wildlife Service have agreed that any local master program that complies with Path B will automatically get an exception under the Endangered Species Act (ESA).
This will shield cities and counties from federal penalties and citizen lawsuits if an ESA-listed fish is harmed or its habitat disturbed as the result of an activity covered by the exception.
"Developing these new guidelines has been an enormous undertaking, and one of the biggest rewards has been achieving an environmental protection standard that will protect communities and developers and property owners from penalties and lawsuits," said Fitzsimmons.
However, there's still work to be done, since the SMA gives local governments just two years to update their shoreline master programs to be consistent with the state guidelines.
Locke said he believes that two years is too short, and he will ask the state legislature to change the law during the 2001 session to allow local governments up to five years to complete their task. He also will request $6 million in state funds to help them cover the costs.
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Contact: Sheryl Hutchison, Communication Director, 360-407-7004
For more information (including the letter of approval from NMFS and the Fish & Wildlife Service):
www.ecy.wa.gov/programs/sea/SMA/guidelines/newguid.htm
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