By Craig Murphy Vidette Associate Editor, The Montesano Vidette , 12/21/2000
Grays Harbor County will be joining an appeal against the Department of Ecology (DOE ) in regards to the recently passed Shoreline Management Act rules.
The DOE passed the controversial rules on November 29 following two summers of heated testimony against them by many on the Harbor.
Following an executive session during the Monday December 18 County Commissioners meeting, Commissioners Dan Wood and Bob Beerbower approved motion to appeal the new rules. If the rules were enacted, counties and cities would have two years to pass local shorelines rules.
Since the rules were approved November 29, appeals have to be filed by December 29. However, the shoreline rules were announced at a time when many governments were holding final meetings of the year. Because of that, Wood said many who would be filing appeals would have to wait until January.
"There will be a low number of local governments aboard initially," he said. "Someone had to jump in the pool first." The county will be appealing to the Shorelines Hearing Board, which is budgeted by the DOE but acts independently. If the appeal is denied, it could be taken to court.
Prosecuting Attorney Stew Menefee said a number of groups, not just governments, will be appealing the rules. "There will probably be a few at first. and others will join later," he said, noting that once an appeal is filed, there is a 20-day window for others to join the appeal.
Menefee believes the timing of the new rules being passed by the DOE was done for a reason. "I don't think the timing was merely coincidental," he said. "This is the best time to get this through and not have to face appeals." Commissioners and others in the county have been vocal lately about unfunded mandates from the state, and the new rules only fanned the flames. "The DOE is foisting on us an unfunded mandate," Wood said, adding that even if the mandate was funded, it would be "economically unfeasible" for the county, and "locks up everything in sight" in a time when the economy is starting to rebound.
Beerbower had similar thoughts. "This follows from last week, when we said we wouldn't accept more unfunded mandates," he said. "I hope that is the message they're starting to get (at the state level)." Wood said the biggest impact of the new rules will be in areas such as Grays Harbor and Pacific Counties, making this an ideal place to start the appeal process.
"Most people from most walks of life consider this to go too far," Wood said. "This is where the appeal starts on behalf of local governments." Paul Easter, new Public Services director and former Assessor for the county, said though some properties will be grandfathered under the old rules, other property owners won't be so lucky. "Some people couldn't afford the implementation of the new rules," Easter said.
Wood said not only is there the unfunded mandate issue, but impact studies of the rules have not been done. "We are in a terrible world of hurt if we do nothing," he said, noting that there are "about a dozen means by which this is illegal." Menefee said one of the legal questions concerning the rules is whether the DOE has jurisdiction to implement such rules. "If this is in the scope of what the DOE can do, then these become enforceable rules," he said. "That means we have to appeal it." Menefee feels rules such as the shorelines regulations hurt some more than others. "When the state adopted these, they didn't take into consideration the plight of smaller jurisdictions," he said. "The real weight falls on the smaller counties, not the larger ones." The tension regarding the rules between smaller jurisdictions and the state is something Menefee feels we will be seeing again. "I think you'll see more of this," he said of the tension. "This is one of the early battles, but there will be many more."
This page created and maintained by Chehalis River Council
Send comments or questions to the: Chehalis River Council