Shoreline Management Guideline Facts Should Reassure

In 1995, the Washington Legislature directed the Department of Ecology to review the state’s shoreline management guidelines to determine if it needed to be updated - for the first time since the guidelines were adopted in 1972.

We have actively involved advisory committees, local-government officials, legislators and the public in reviewing the guidelines and developing new ones. Last year alone, we received more than 2,500 comments on the first public draft. We used them to substantially revise the original proposal.

Our new draft is now going through public review but pervasive misconceptions about what they say persist. So, I appreciate this opportunity to address the most common misconceptions.

First, I want to state clearly that the new guidelines will not affect existing farms, businesses, homes or other structures.

You will not have to stop farming. You will not have to tear out your existing dock or bulkhead.

You can repair or replace existing structures - such as your house, barn, fence, or dock.

You will not be barred from building on small lots that already have been platted.

In fact, any development or construction that is approved before your city or county adopts new local shoreline regulations (at least two years from now) will not be subject to the new guidelines.

And no, the Department of Ecology is not overstepping its authority with the new guidelines.

The Shoreline Management Act - adopted by voters through the citizen initiative process - calls on us to “protect against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life …” It also requires that permitted shoreline uses should “minimize” damage to the ecology and environment of the shoreline area.

There’s widespread evidence that our state is not meeting the standards of the law. All over Washington, beaches and stream banks have been eroded, habitat has been destroyed, flood damage has increased, and fish species are being lost. Much of the damage is linked to poor development practices and it has been costly for taxpayers.

Besides replacing private homes and public roads, millions of tax dollars also are being spent to restore habitat and recover depleted fish stocks. Those investments could get wiped out again if shoreline management does not improve. And state and local governments could face federal penalties and citizen lawsuits if endangered fish continue to die due to inadequate development regulations.

About the only people benefiting from the status quo are those who make money from building - and repeatedly rebuilding - in flood-prone and unstable areas. But they face the threat of federal penalties and citizen lawsuits, too.

We can accommodate growth and economic development without losing valuable habitat and the benefits that shorelines and wetlands provide for clean water, salmon, and our quality of life. But we have to make some accommodations.

This includes not doing things with our property that threaten lives or increase property damage for people who live downstream. I invite citizens to get the straight scoop on the guidelines by studying them or reading our plain-English summary for yourself. Copies are available by calling 888-211-3641 or from the Internet at http://www.wa.gov/ecology/sea/SMA/guidelines/newguid.htm.

We will continue welcoming comments from the public until Aug. 7. After the comments are reviewed and final adjustments are made, I will sign the guidelines by the end of this summer.

After that, the Shoreline Act currently gives cities and counties two years to update their local shoreline regulations to comply with the state guidelines, although Gov. Gary Locke has said he will again ask the Legislature to change the law to allow more time.

Once updated, the local regulations - not the state guidelines - will directly govern development activities in local jurisdictions.

The immense emotion and hard feelings connected to this effort are understandable. But once the new guidelines are adopted, it is time to move on and help make them work.

The Shoreline Management Act is a visionary law born from unprecedented public support. It offers tremendous opportunity for keeping our water clean, enhancing our quality of life, protecting our property from floods and erosion, and making progress to restore wild salmon.

It will take commitment by all of us to make it a success and to fulfill the vision our citizens had when they enacted it a generation ago.