GreenTree Alert #9 (5/12/99) =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= State Rules to Protect Shorelines and Streamsides Out for Public Review =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Do you enjoy Washington's lakes, rivers, streams and coastlines? Your voice is needed to protect our shorelines. One of the reasons we still have quality shorelines in Washington is due to the state's Shoreline Management Act (SMA). After 27 years, the Department of Ecology will be updating the SMA state guidelines which determine how more than 250 city and counties manage these sensitive areas through local shoreline master programs. This SMA guideline update is a key element of the state's response to the listing of wild salmon under the Endangered Species Act and will play an important role in the state's efforts to comply with the federal Clean Water Act. Four public hearings will be held in May on Ecology's draft rule. Attendance at the hearing will be crucial to show strong support for updating the rules and protecting our shorelines. Ellensburg (Hal Homes Community Center, 201 N. Ruby) Wednesday, May 19, 7:00 PM Spokane (Public Health Center, W. 1101 College, Room 140) Thursday, May 20, 7:00 PM Olympia/Lacey (Ecology Headquarters, 300 Desmond Drive, Auditorium) Tuesday, May 25, 7:30 PM Seattle (Mountaineers, 300 Third Ave. W., Tahoma Room #2) Wednesday, May 26, 7:00 PM BACKGROUND: A full copy of the proposed rule is available at Ecology's website: www.wa.ecy.wa.gov/ (then click on Shorelines and Wetlands) Also, written comments can be received until June 21, 1999. WEC will post detailed comments to its website (www.greenwec.org) as soon as possible. In the meantime, following are some general observations compiled by the environmental community and the League of Women Voters. General Observations of the draft Rule Ecology doesn't expect everyone to know all the particulars and implications of the draft rule. Here are some basic observations that you can relate in conjunction with your local knowledge and experience with shoreline and streamside management. 1) Thank the Shorelines Commission and Ecology for updating new guidelines for protecting shorelines and critical areas. It is encouraging and important that the update is happening. Twenty-seven years is too long a period to improve shoreline and streamside management. 2) Overall, the draft rule improves the policies which local governments must abide by to protect shorelines and other critical areas. Improvements of the draft rule include the following: Encourages both visual and physical public access to shorelines, emphasizing public rights under the Public Trust Doctrine. For example, there is a requirement that public entities must include public access provisions in their shoreline developments. Directs that local shoreline and critical areas guidelines be based on best available science - a fundamental principal if we are to recover wild salmon and restore water quality. Places new restrictions on bulkheads and other "hard" shoreline armoring that, if enforced, can contribute to the salmon recovery. One of the greatest challenges of salmon recovery is addressing the cumulative impact of hundreds/thousands of actions. Salmon are dying the death of a thousand cuts, and restrictions on every-day projects, such as bulkheads, will be necessary if we hope to recover them. 3) Despite general improvements, there are some significant concerns about the draft rule that could undermine potential benefits. Deficiencies of the draft rule include the following: Lacks clear, minimum standards that would provide certainty for the ecological health of shorelines and critical areas. The existing narrative standards will be difficult to enforce. Minimum state standards would provide more clarity for local governments and business and ensure better environmental protection. Relies on a "net gain" approach to wetland and watershed mitigation. While the concept sounds good, this appears to allow for habitat degradation in one area provided it is made up or compensated for someplace else. The net gain concept should be applied within a project context to ensure accountability and effectiveness of mitigation efforts. Lacks strong monitoring requirements and inventory protocols. The draft rule constantly makes reference to preserving ecological functions, adaptive management, and best available science to guide decision making. In order to achieve these objectives, however, there needs to be a good baseline inventory and on-going monitoring - provisions that are required but not well defined. Monitoring and inventory protocols should be better articulated to ensure that they actually work. Allows for varying levels of enforcement. All shorelines deserve the same level of strong regulation and enforcement. Allows lower standards for urban areas. Aside from being without scientific merit, it is areas within urban growth boundaries that are at greatest risk from degradation. We need to save what we have left and do no harm to existing habitat if we hope to recover salmon. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Tom Geiger Outreach Director, WEC =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
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