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Published on December 28, 2007

Author: Belly

Source: authorstream.com

SHORELINE MANAGEMENT:  SHORELINE MANAGEMENT Policy Goals of the Act & Guidelines THE SHORELINE MANAGEMENT ACT :  THE SHORELINE MANAGEMENT ACT (SMA) Chapter 90.58 RCW 1971 State Policy RCW 90.58.020 (also WAC 173-26-176) Plan for and foster all reasonable and appropriate uses Promote and enhance the public interest Protect public health, the waters of the state and their aquatic life, and the land and its vegetation and wildlife Protect public rights of navigation Preserve public’s enjoyment of shorelines Implementation:  Implementation Local and State Government Partnership SMP planning – Local initiation/State approval Permitting – Local Government is Lead State - overview & support 3 types - (SDP, VAR, CUP) Compliance – Local/State Grants – State Program Governing Principles of the Guidelines (WAC 173-26-186):  Governing Principles of the Guidelines (WAC 173-26-186) Landscape Planning vs Shoreline Regulatory SMA Policy Goals into SMP Planning Policies Integrated GMA & SMA Provisions (CP & SMP) Protect Shoreline Ecological Systems by: Inventory & Analysis of Shoreline Functions No Net Loss of Ecological Functions Due to Permits/Exemptions Goals & Policies to Restore Ecological Functions Cumulative Impact Analysis – Allocation Clause Respect Private Property Rights – Legal & Constitutional Limits Consistent with the SMA, reasonable discretion to balance policy goals Systematic, interdisciplinary, scientific approach Policies for Shorelines:  Policies for Shorelines WATER-ORIENTED USES PUBLIC ACCESS AND RECREATION PROTECTION & RESTORATION OF ECOLOGICAL FUNCTIONS RIGHT OF NAVIGATION AND COROLLARY USES PROTECTION & RESTORATION OF HISTORIC, CULTURAL AND EDUCATIONAL BUILDINGS & SITES PLANNING FOR PUBLIC FACILITIES AND UTILITIES PREVENTION & MINIMIZATION OF FLOOD DAMAGES RECOGNIZING & PROTECTING PRIVATE PROPERTY RIGHTS PREFERENTIAL ACCOMMODATION OF SINGLE FAMILY USES COORDINATION OF SHORELINE MANAGEMENT WITH OTHER RELEVANT LOCAL, STATE, AND FEDERAL PROGRAMS Preferred Shoreline Uses:  Preferred Shoreline Uses Consistent with pollution prevention Prevents damage to the environment Unique to or dependent upon use of the state’s shoreline Minimizes interference with the public’s use of the water Use Priorities:  Use Priorities Single-family Residences Ports Shoreline recreation e.g. parks, marinas Public Access Shoreline-dependent commercial/industrial Shoreline-enjoyment uses for substantial numbers of people Shorelines of State-wide Interest (additional policies):  Shorelines of State-wide Interest (additional policies) Recognize and protect state-wide interest over local interest Preserve the shoreline’s natural character Long-term over short-term benefit Protect shoreline resources and ecology Increase public access to publicly-owned shorelines Increase public recreational opportunities Optimum implementation of SMA policy Water-Oriented Uses:  Water-Oriented Uses Water-Dependent Water-Related Water-Enjoyment Water-Dependent Uses:  Water-Dependent Uses Cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples: Shipyard Dry Dock Ferry Terminal Cargo Terminal Loading Area Aquaculture (in-water operations) Barge Loading Marina (in-water) Sewer Outfalls Research Vessel Homeport Tugboat/Towboat Operations Log Booming Water-related Uses:  Water-related Uses Not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Examples: Vessel parts and equipment fabrication Container shipping yards Fish Hatchery support services Seafood Processing Plants Oil Refineries Marine Salvage Yards Warehousing of Large Goods requiring barges, etc. Assembly of water-transported parts Water-Enjoyment Uses:  Water-Enjoyment Uses Provide the opportunity for a significant number of people to enjoy the shoreline. Located, designed, and operated to assure the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. A recreational use or other use facilitating public access as a primary characteristic. Must be open to the public with shoreline space devoted to public shoreline enjoyment. Examples: Parks, Fishing Piers, Museums Restaurants Educational/Scientific Reserves Interpretive Centers Resorts Mixed-Use Projects Non-Water-Oriented Uses:  Non-Water-Oriented Uses Have no functional relationship to the shoreline and are not designed to enhance the public’s enjoyment of the shoreline (i.e. water-enjoyment use) Examples: Gas station, furniture store, mini-storage, hair salon, theater, newspaper, real estate office Commercial or Industrial (WAC 173-26-241-3d&f):  Commercial or Industrial (WAC 173-26-241-3d&f) Water-Dependent preferred over Water-Related; Then MAYBE Non-Water-Oriented Development Public Access & Ecological Restoration considered to mitigate impacts Prohibit Non-Water-Oriented Commercial/Industrial Development:  Prohibit Non-Water-Oriented Commercial/Industrial Development Unless: Mixed Use Project with Water-Dependent, AND, provides Significant Public Benefit such as Public Access & Restoration OR Navigability Severely Limited AND, provides Significant Public Benefit, etc. Physical Separation Clause “May Be Allowed” :  Physical Separation Clause “May Be Allowed” If Landward of Another Property or If Landward of Public Right-of-Way Possible Parallel Designations Public Access:  Public Access Should be supported by community plan Physical and visual access to water Can be provided in many varied forms May be limited in space, time, season, etc May be restricted due to inherent conflicts May be provided through in-lieu offering Should be considered in nearly all cases Central Avenue & Citizen’s Dock:  Central Avenue & Citizen’s Dock Protection & Restoration of Ecological Functions:  Protection & Restoration of Ecological Functions Protect Navigation Rights:  Protect Navigation Rights Protect & Restore Historic & Cultural Sites:  Protect & Restore Historic & Cultural Sites Planning Public Facilities & Utilities:  Planning Public Facilities & Utilities Protect Views & Aesthetics:  Protect Views & Aesthetics The State Master Program:  The State Master Program Aggregate of all 230+ local SMPs Both a Planning & Regulatory Tool Required Policies & Elements (Topics) RCW & WAC definitions/standards Master Program Contents (RCW 90.58.100.2):  Master Program Contents (RCW 90.58.100.2) Required Elements or Topics Economic Development Public Access Recreational Opportunities Circulation & Transportation Land Use Conservation Historic & Cultural Flood Hazard Reduction [ May Be Anyplace & In Any Order – GMA Integration] SMP Policies:  SMP Policies Clear & Consistent Planning & Regulatory Topics Environment Designations Foundation for Regs SHOULD vs SHALL:  SHOULD vs SHALL The terms "shall," "must," and "are required" and the imperative voice, mean a mandate; the action is required; the term "should" means that the particular action is required unless there is a demonstrated, sufficient reason, based on a policy of the Shoreline Management Act and this chapter, for not taking the action; and the term "may" indicates that the action is within discretion and authority, provided it satisfies all other provisions in this chapter. Regulations:  Regulations Environment Regulations General Use Archeological & Historic Critical Areas (applicability) Wetlands Geologic Hazards Critical Saltwater Habitats Critical Freshwater Habitats Flood Hazard Reduction Public Access Vegetation Conservation Storm Water, WQ & Non-Point Pollution Shoreline Modifications stabilization, docks, bulkheads, fill, groins, dredging, habitat enhancement Specific Uses e.g. Aquaculture, etc Permit Language:  Permit Language RCW & WAC Definitions “All proposed uses & development” clause Shoreline Conditional Uses & Variances Documenting Authorized Activities & Evaluating Cumulative Effects – Mechanism Must Be Created [NEW] Permit Review & Enforcement (Optional)

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