Conduct a thorough review and update the Shoreline
Management Act Guidelines for Development of Master Programs (Chapter 173-16WAC)
An environmental impact statement (EIS) will be prepared. The primary purpose of this EIS is to provide impartial discussion of environmental impacts and to inform decision-makers and the public of reasonable alternatives. Materials indicating likely environmental impact can be reviewed at our offices.
The lead agency has identified the following areas for discussion in the EIS: The scope of the rule will encompass all uses and activities in the shoreline jurisdiction as indicated in RCW 90.58. Special emphasis will be given to issues relating to SMA/GMA integration, vegetation management, shoreline stabilization, shorelines of statewide significance, and the Endangered Species Act and its role in Shoreline Master Programs.
Scoping: Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS. You may comment on alternatives, mitigation measures, probable significant adverse impacts, and licenses or other approvals that may be required. Send comments on this initial document to James Schroeder by December 4, -1998 (see address below).
Note: Expanded scoping under WAC 197-11-4 1 0 is being used for this project. This
means that scoping will be a continuous process until the EIS is complete.
Staff contact: James Schroeder
Phone: (360) 407-7196
Email: jasc461@ecy.wa.gov
Address: SEA Program, PO Box 47600, Olympia, WA 98504-7600
Responsible official: Gordon White
Position/Title: Manager, Shorelands and Environmental Assistance Program
Address: 300 Desmond Drive SE, Lacey, WA 98506
PO Box 47600, Olympia, WA 98504-7600
What are the guidelines?
The Shoreline Management Act Guidelines for the Development of Master Programs (the guidelines) implement the requirements of Chapter 90.58 RCW, the Shoreline Management Act of 197 1. The Shoreline Management Act (SMA) directs local governments to develop and administer local shoreline master programs for regulation of uses and activities on shorelines of the state. Such local master programs should be integrated with other local government programs for administration and enforcement of land use regulations. Guidelines are set forth by the Department of Ecology to provide direction and criteria for use by local governments in developing or amending their master programs.
Why are these guidelines being updated?
The guidelines are being updated for several reasons. The existing 26 year-old guidelines have never been fully updated since their inception in 1972. Since then, the fields of land use planning and resource management have experienced significant advances in scientific research and technical expertise. Updating the shoreline master program guidelines to incorporate contemporary skills and knowledge will allow the Department of Ecology to provide better guidance to local planners. The goal of this comprehensive update is to make the guidelines more effective at managing shoreline resources consistent with SMA policy, while also making them easier to apply at the local level.
The 1995 Legislature provided impetus for this update by including changes to both the SMA and the Growth Management Act (GMA) in ESHB 1724. One of these changes requires that shoreline master programs adopted under the SMA be an element of GMA comprehensive plans. To achieve this, the Department of Ecology was authorized by ESHB 1724 to periodically review and update the shoreline master program (SMP) guidelines. Accordingly, the guidelines will provide up to date guidance demonstrating how local GMA comprehensive plans, development regulations, and Critical Area Ordinances can be integrated with local SMPS.
With the recent and potential Endangered Species Act (ESA) listings of several salmonid species in Washington State, effective management of critical habitats for threatened and endangered species is essential for salmon recovery efforts. As a top priority for the state, salmon recovery must be addressed at all levels of government. Amending the SMP guidelines is one identified area where substantial gains can be made for salmon recovery due to the fact that SMA jurisdiction includes a large percentage of salmon critical habitat. In fact, the Governor's Salmon Recovery Plan, "Extinction is Not an Option," has recognized update of the guidelines as one of the key elements to its overall salmon recovery strategy.
When will the guidelines require that Shoreline Master Programs be updated?
Currently, there are approximately 240 cities and counties statewide with shoreline master programs that will be affected by the adoption of new updated guidelines. Under current law, RCW 90.58.080, these local governments will be required to develop or amend their SMPs within two years of adoption of new guidelines.
What process will Ecology use to update these guidelines?
Ecology has convened a multi-stakeholder advisory commission to assist in the rule development process. This commission is composed of members knowledgeable in shoreline management and is represented by delegates from state agencies, tribes, cities, counties, port districts, forestry, water-dependent business, environmental interests, social/community interests, and aquaculture. Agriculture and general business interests were invited to join the commission, but declined to do so. A professional independent facilitator was hired to work with the varying interest groups at an individual and group caucus level. Through active facilitation, Ecology hopes to foster an expeditious working environment and collaborative approach to the rule development process.
The shorelines guidelines commission was convened in July of 1998 and is scheduled to meet every two to three weeks until the end of the calendar year 1998. All commission meetings are open to the public and will include a public comment period when requested. The commission will identify inadequacies in the existing WAC and work in an advisory capacity to develop suggested draft language for rule development. Staff from the Department of Ecology will assist the commission by drafting issue papers for review and discussion at commission meetings. Through this process, a thorough analysis of issues will result in guidance from the advisory commission to Ecology for consideration in the rule writing process. Ecology anticipates completion of a draft set of guideline by January 1999.
The rule amendment process will be coordinated with the preparation of an environmental impact statement (EIS). The public involvement requirements of the EIS process will be scheduled to coincide with the public hearings required for rule adoption. This coordinated process will best serve to inform and involve concerned citizens and stakeholders.
What principles will Ecology use to evaluate the guidelines update?
First, RCW 90.58.060 requires the Department of Ecology to periodically review and adopt guidelines consistent with RCW 90.58.020. Second, in addressing the integration of land use and shoreline planning, the Land Use Study Commission has recommended that the shorelines guidelines commission consider the following principles in updating the guidelines:
GMA requires that the SMP and the local comprehensive plan be internally consistent.
Protection of environmental values must be based upon the best available science and current knowledge of resource management needs, the policies set forth in RCW 90.58.020, and the need to address the cumulative impacts of individual decisions.
The burden of implementing new requirements should be no greater on local governments than that already imposed by fully implementing current requirements.
The guidelines should be designed to allow for permit processes that are simpler and more efficient for all types of projects, whether big or small.
The guidelines shall assure that an opportunity for meaningful public participation in all appropriate stages of the planning and permitting process must be retained or enhanced.
If provisions of other related state laws and regulations meet the requirements of the shoreline management act, those provisions should be incorporated into the guidelines.
Information and agency contacts for this process
All shorelines guidelines commission meetings are open to the public. Meeting times and locations are posted on the Department of Ecology's website at www.ecy.wa.gov/ on the "shorelands and wetlands" page. Versions of Ecology's latest issue papers and guidelines commission meeting summaries can also be accessed at this site. In addition, Ecology maintains a mailing list of interested parties to whom shoreline materials are distributed. Confluence, the Department of Ecology's publication for shorelands issues, will include updates on the status and progress of the guidelines commission. To be included on this mailing list, or for any questions or comments please contact James Schroeder by phone at 360-407-7196 or by email at jasc461@ecy.wa.gov .
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