Lakeside Regulations

August 27, 2001

REALTORS REJOICE AFTER RECENT RULING AGAINST SHORELINES GUIDELINES

REALTORS celebrated on August 27, when the Shorelines Hearings Board ruled in favor of our appeal against the Department of Ecology's shorelines guidelines. The order invalidates the guidelines that took effect in November 2000, replacing less-stringent guidelines written 30 years ago. This is a significant victory for REALTORS and named parties in the appeal, including builders, the business community, and the 32 local governments who joined the appeal.

In effect, this stops the time clock for local governments to update shorelines master programs consistent with the guidelines and requires Ecology to again go through formal rulemaking to revise the rules. The decision also places important substantive limits and procedural conditions on any new rules adopted by Ecology in the future.

The hearings board decision provides that we prevailed against Ecology on the following issues: the Department of Ecology does NOT have authority to implement the Endangered Species Act under the Shorelines Management Act; the ESA Compliance Requirements in the Guidelines violate the Administrative Procedures Act; the Guidelines improperly regulate exempt uses under the SMA; conditional letters of exemption are a new permitting scheme not authorized by the SMA; and, the Department violated requirements to prepare a Small Business Economic Impact Statement. For the official decision and dissenting opinions, please visit: http://www.eho.wa.gov/default2.asp?Page=2001_Bboard_Decisions.htm

This is a real win for the waterfront property owners. Hope the ecology department gives up on pushing for changes.

Here are some links regarding changes you need to know about as a waterfront resident.

• Residential Building on or near Waterfront
  4 page PDF file by King County Department of Development and Environmental Services.

• King County's Shoreline Master Program
  A website intended to educate the community to help protect natural resources, increase public access to shorelines and encourage water-dependent uses.

• Lakeside Living Video
  A 23-minute video for lakeside homeowners that introduces simple landscaping practices to protect and enhance lake water quality.

• The Watershed Waltz and The Sammamish Swing
  How to Dance Your Way to Healthier Lakes and Streams in 25 Elegantly Simple Steps (plus a few fancy ones)

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