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Ecology Releases Revised Shoreline Guidelines, Public Hearing in Seattle
By Patricia Stambor
Shoreline defender Benella Caminiti testifies at the March 30 public hearing on a proposed public/private partnership between the city and the Seattle Aquarium Society. |
Two summers ago when Mayor Paul Schell and the Seattle Parks Department proposed to use Greenlake shore as a temporary stage for the theatre show, Teatro ZinZanni, longtime activist Benella Caminiti threatened to take them before the Shoreline Hearings Board. The mere "threat" of using the SMA sent the major players in this drama fleeing with stage fright from the protected shores of Greenlake. Teatro ZinZanni found a less controversial staging area next to the Seattle Center.
The SMA was enacted by a citizen initiative in 1971. As one of the most powerful environmental laws, the SMA's primary purpose is to protect Washington shorelines from piecemeal and uncoordinated development. It applies to all marine waters and to streams and lakes that meet certain criteria. Uplands (shorelands within 200 feet from the water's edge) and associated wetlands, river deltas, and 100-year floodplains are also protected.
Under the SMA, each city and county adopts a shoreline master plan tailored to the unique geographic, economic, and environmental characteristics of the community. All master plans must follow the state guidelines.
In early June, the Washington State Department of Ecology released a new draft of proposed shoreline guidelines. This is the first time in 25 years that the guidelines have been updated. They come at a crucial time for protecting the Puget Sound Chinook Salmon under the Endangered Species Act (ESA).
Although 1995 legislative action mandated the updates, it has taken five years to reach a consensus on what the guidelines should be. Environmental groups such as the Sierra Club have consistently pushed for new rules that reflect advances in knowledge of how urban growth and development affect shorelines and fisheries. Environmental groups feel these new guidelines adequately reflect their concerns and would like Ecology to move quickly on implementation.
Property-rights advocates, including developers such as the Association of Washington Builders, farmers, and shoreline residents, have effectively caused delays by asking for more studies. Understandably, they are concerned that the new guidelines will unfairly burden property owners by preventing new construction. Ecology, however, did remove a controversial 1999 proposal that would have required owners of single-family residences to "demonstrate that a nearby dock was unavailable before getting permission to build a new pier or dock." Farmers also requested that "existing and ongoing agricultural activities" be exempt. The newly released rule is the most recent attempt at balancing the complicated issues surrounding these controversies.
The SMA strongly supports public participation and involvement in decisions that affect Washington shorelines. A Shorelines Hearing Board was established as a quasi-judicial body composed of knowledgeable citizens who decide appeals of shoreline permit decisions. Any aggrieved party, including ordinary citizens, can appeal a shoreline permit before the Shoreline Hearings Board and, as Irene Wall has demonstrated, can win.
Eight public hearings on the proposed shoreline guidelines are scheduled throughout the state. Each hearing will begin with a question-and-answer period at 5:30 p.m. followed by a formal public hearing at 7 p.m. The Seattle hearing will take place on July 11 in the Shaw Room at the Seattle Center, 305 Harrison Street.
For copies of the draft rule or draft environmental impact statement (DEIS) call toll free 1-888-211-3641, or visit Ecology's website at www.wa.go/ecology/ under "Shorelines and Wetlands." Public written comment closes August 7, 2000.
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