CHAPTER 1: INTRODUCTION. Background: Shoreline Management in Washington State

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1 September 19, 2007 CHAPTER 1: INTRODUCTION Background: Shoreline Management in Washington State The Shoreline Management Act In 1971, the Washington State Legislature, in response to a citizens initiative, passed the Shoreline Management Act (the SMA or Act ). The SMA was adopted by the public in a 1972 referendum. The goal of the SMA is to prevent the inherent harm in an uncoordinated and piecemeal development of the state s shorelines. The SMA applies throughout Washington, wherever there are "Shorelines of the State." The SMA, RCW provides the following guidance for the management of shorelines of the state in Okanogan County: that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it [the legislature] finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of 1

2 September 19, 2007 damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the [Department of Ecology]. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter RCW. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. Shorelines of the State Shorelines of the State can be divided into two categories: Shorelines and Shorelines of Statewide Significance. In Okanogan County, Shorelines include: All rivers and streams with mean annual flows of 20 cubic feet per second (cfs) or more All lakes over 20 acres in size Shorelands (also called Shoreland Areas), as follows: o Upland areas that extend 200 feet landward from the edge of those waters; and o The following areas when they are associated with the waters listed above: Biological wetlands and river deltas; and 100-year floodplains Critical areas, including Channel Migration Zones (CMZs) those areas at risk of erosion when a river or stream changes course Shorelines of Statewide Significance are those that have importance beyond the region; they are afforded special consideration. In Okanogan County (and throughout Eastern Washington), shorelines of statewide significance include: Lakes with a surface acreage of one thousand acres or more (measured at the ordinary high water mark); Rivers and streams downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers downstream from the first three hundred square miles of drainage area, whichever is longer; and Shorelands associated with the lakes and rivers described in the two preceding bullets 2

3 September 19, 2007 The SMA, RCW 90.58, states: The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW deemed appropriate or necessary. The largest rivers and lakes in the County are designated by the SMA, RCW 90.58, as a "Shorelines of State-wide Significance". Because Shorelines of State-wide Significance are major resources which benefit all people in the state, the SMA mandates that Okanogan County and the cities and towns therein give preference to uses which favor long-range goals and support the overall public interest. Okanogan County and the cities and towns therein adopt the following guidelines for shorelines of state-wide significance (listed in order of preference in SMA) 1. Recognize and protect the state-wide interest over local interest. a. Solicit comments and opinions from groups and individuals representing statewide interests by circulating the master program and any amendments to state agencies, adjacent jurisdictions, citizen's advisory committees, local officials, and state-wide interest groups. b. Recognize and take into account state agencies' policies, programs, and recommendations in developing and administering use regulations and in approving shoreline permits. 3

4 September 19, 2007 c. Solicit comments, opinions, and advice from individuals with expertise in ecology, geology, limnology, aquaculture, and other scientific fields relevant to shoreline management. 2. Preserve the natural character of the shoreline. a. Designate and administer shoreline environments and use regulations so as to minimize damage to the ecology of the shoreline as a result of man-made intrusions on the shoreline. b. Upgrade and redevelop those areas where intensive development already exists in order to reduce adverse impacts on the environment and to accommodate future growth rather than allowing high-intensity uses to extend into low-intensity or undeveloped areas. c. Protect, preserve, and enhance the existing diversity of vegetation, habitat values, and wetlands associated with shoreline areas. 3. Result in long-term over short-term benefits. a. Evaluate the short-term economic gain or convenience of developments relative to the long-term and potentially costly impairments to the natural shoreline. b. In general, preserve resources and values of shorelines for future generations and restrict or prohibit development that would irretrievably damage shoreline resources. c. Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities, or general enhancement of shoreline areas. 4. Protect the resources and ecology of the shoreline. a. Minimize development activity that would interfere with the natural functioning of the shoreline ecosystem, including but not limited to stability, drainage, aesthetic values, and water quality. b. All shoreline development should be located, designed, constructed, and managed to avoid disturbance of and minimize adverse impacts to wildlife resources, including migratory routes and areas used for spawning, nesting, rearing, and habitat. c. Public access to natural areas should be based on the ability of the area to support the use. (Check with F&W to see if this language is acceptable) 4

5 September 19, 2007 d. Preserve especially valuable or environmentally-sensitive wetlands for use as open space, and encourage restoration of presently degraded wetland areas. 5. Increase public access to publicly owned areas of the shoreline. a. Where possible, develop paths and trails to shoreline areas and linear access along the shorelines. Associated parking should be upland. b. Locate development landward of the ordinary high water mark so that access is enhanced. 6. Increase recreational opportunities for the public on the shoreline. a. Plan for and encourage development of facilities for recreational use of the shoreline. b. Reserve areas for lodging and related facilities on uplands with provisions for non-motorized access to the shoreline. See Appendix for a list of Shorelines of the State in Okanogan County. Shoreline Master Programs Water is one of Okanogan County s most important natural resources. Whether it is for domestic consumption, irrigation, recreation or habitat for myriad fish and wildlife species, water and the many beneficial uses it supports are the basis for life and the economy in Okanogan County. One of the ways in which Okanogan County and the cities and towns within the county protect shoreline resources is through the preparation, adoption, implementation and updating of Shoreline Master Programs. Under the SMA each city and county that includes "Shorelines of the State" must adopt a Shoreline Master Program (SMP) that is based on state laws and rules but may be tailored to the specific needs of the community. The SMP is essentially a shoreline comprehensive plan and zoning ordinance applicable to shoreline areas and customized to local circumstances. i. State/local partnership ii. Implementation through shoreline substantial development permit process iii. Applies to exempt uses. You ll learn more about exempt uses below iv. New guidelines and updates 5

6 September 19, 2007 The Okanogan Regional SMP Existing SMPs The update process Participating jurisdictions Okanogan County Cities and towns (refer to appendix for each) Brewster Pateros Okanogan Omak (add to list if others join) Other cities and towns Oroville Tonasket Twisp Winthrop Riverside 6

7 September 19, 2007 Conconully Coulee Dam The Colville Indian Reservation The Colville Indian Reservation (Reservation) encompasses over three million acres and is bordered on three sides by shorelines of state-wide significance (the Columbia River on the East and South and the Okanogan River on the west). The Colville Confederated Tribes (CCT) have adopted and administer a Tribal Shoreline Management Plan (date) that closely mirrors the SMA and the shoreline master programs in the Okanogan Valley. Okanogan County, the cities of Omak and Okanogan, and the Town of Coulee Dam and have had an Interlocal Land Use Planning Agreement in place with the CCT for over 10 years. The agreement provides a process for all land use permitting activities within and adjoining the Reservation to be reviewed by the appropriate local government and CCT and requires the designation of a permitting agency. The permitting agency is responsible for issuance of any required permits in compliance with local government and tribal regulations. Because of the success of this process and the fact that the CCT has a Shoreline Management Plan, this regional SMP does not address shorelines within the boundaries of the Colville Indian Reservation. Where tribal trust lands lie outside the bounds of the Reservation, the applicable regulations of the Okanogan County Regional Shoreline Master Program will apply and the application will follow the protocol set forth in the Intergovernmental Land Use Planning Agreement. The Okanogan National Forest Map Relationships to other plans Comprehensive plans CA regulations Comprehensive Flood Hazard Management Plan 7

8 September 19, 2007 Other Terms, Principles, and Concepts Basic policies The SMA establishes three basic policies, described below. Encourage water-dependent uses accommodation of reasonable and appropriate uses "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the states' shorelines... Protect shoreline natural resources including "...the land and its vegetation and wildlife, and the water of the state and their aquatic life..." Promote public access the public s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally." Property rights Best Available Science 8

9 September 19, 2007 Preferred uses Water-oriented Water-dependent Water-related Water enjoyment Non-water-oriented Exempt uses Applicability Shorelines within Cities and Towns: This SMP recognizes that not only do different conditions exist within the cities and towns in Okanogan County, but that most of the cities and towns have developed comprehensive plans to guide development of their communities. As a regional program, this SMP is intended to provide the overall guidance and scientific foundation required for all shoreline areas of the County, while providing each city or town that includes shoreline areas with the ability to tailor the provisions and/or develop specific policies, regulations and environment designations compatible with local plans. All of the general goals, policies and regulations herein are applicable to the entire County and are at least the minimum required for compliance with the Shoreline Management Act. Each city and town may add to or refine the use specific goals, policies and regulations as applicable to their jurisdiction, providing that the results comply with the SMA. National Forest Lands: This regional SMP does not apply to shorelines within the boundaries of the Okanogan National Forest that are managed and administered by the United States Forest Service (USFS), although shorelines of the state within the forest boundary have been included in the shoreline inventory and characterization on which this SMP is based and have been assigned environment designations of Natural or Conservancy as appropriate to current forest use. In-holdings within the forest boundary (including privately-owned and leased lands) are subject to the provisions of this SMP. Isolated parcels of USFS or other federal lands shall be treated that same as state and private lands in the immediate area. 9

10 September 19, 2007 Users Guide Glossary Explanation of key terms. You ll recognize some of the terms in this section because we ve already introduced them. We re repeating them here so you can find everything in one place. Legal definitions are in Chapter 2 Inventory, analysis, and characterization Goals Policies and regulations General policies and regulations Shoreline use Shoreline modifications Shoreline environment designations Text Criteria Use chart Development standards 10

11 September 19, 2007 Map Restoration Plan 11