HomeMy WebLinkAbout05-14-2012 - Supplemental MaterialsRX.OYar&P.D5OSIJisS4.bae144 Wlvl44W-779I; 0e=Y1-9
Shoreline residents swamped by regulations
Storm-water runofffrom public roads
and highways is the single largest
source ofcontamination to lakes,
streams, rivers and the Puget Sound.
Municipal wastewater is a close second, as
large rain events often result in sewage over-
flowing into our waterways.
Current regulatory efforts, however; put an
undue burden on shoreline property owners
to solve a problem that is almost entirely not
of their making. To restore the health of the
Puget Sound, regulatory efforts need to focus
GUEST
OPINION
Aaron
Laing
first and foremost on the primary sources of
pollutants. While shoreline regulations play a role, bur-
densome, complex regulations will undermine restora-
tion efforts and divertfunding away from much- needed
upgrades to regional stormwater treatment facilities.
The state's Shoreline Management Act of 1971 re-
quires cities and counties to work with the Department of
Ecology to develop shoreline master programs (SMPs)
to regulate the use ofshorelines within their boundar-
ies. Under the law, local governments must update their
SMPs according to the schedule set by the Legislature.
Many Puget Sound jurisdictions either recently com-
pleted or are in the process ofcompleting these updates.
The ostensible purpose ofthe SNIP update is to ensure
that shorelines have adequate protection based on the
best available science. Unfortunately, the result has been
the preparation and, in some cases, adoption of arcane,
phone - book -sized regulations that do little to address wa-
ter quality issues.
For example, Bellevue's draft SMPis about 350 pages
long and would effectively render much ofthe exist-
ing development on the shores of Lake Washington,
Lake Sammamish, Phantom Lake and Bellevue's many
streams nonconforming. That is, manyexisting homes
and landscaping would be prohibited underthe new
code. Depending on the scope of repairs or improve-
ments, homeowners could be required to remove land-
scaping and place deed restrictions on their properties.
Even mundane projects could require homeowners to
hire expensive consultants and go through a complex
permitting process. The effectwould be to restrict efforts
to maintain existing homes and yards. New construction
could be difficult, ifnotimpossible, depending
on the site.
The problem with such regulations is
threefold. First, they place a disproportionate
responsibility on shoreline property owners to
maintain and restore the health of ourwaters,
while ignoring the largest source of the prob-
lem: contaminated storm -water runoff. Shore-
line properties represent a virtual drop in the
bucketwhenit comes to land area and imper-
vious surface area in the Puget Sound water-
shed. One need only drive over the Interstate
90 bridge during a rainstorm and observe the
storm water discharging directly into Lake Washington
to understand the source and scope ofthe true problem.
Overregulating the shorelines will not solve the problem
of rainwater washing harmful pollutants off of thousands
of miles of roads and millions of acres of upland proper-
ties that are not subject to such regulations.
Second, costly, complex and unreasonable regulations
create a disincentive for homeowners to go through the
permitting process that might require reasonable mitiga-
tion, such as infiltrating storm water from roofs instead
of piping it straight into lakes and streams. Even worse,
such regulations invite costly litigation. This is wasteful
on many levels.
Third, the Legislature acknowledged that restrictions
could affect the fair market value of affected properties.
The act thus requires that county assessors considerthe
effect ofsuch regulations in making tax assessments.
By adopting highly restrictive regulations, the assessed
value of shoreline properties is diminished. This, in turn,
could reduce tax revenues needed to upgrade regional
wastewater and storm -water facilities. Ironically, highly
restrictive shoreline regulations could have the effect of
worsening water quality over time.
The Shoreline Management Act does not mandate
such results. The law callsfor balance. Local govern-
ments and the Department ofEcology should be guided
by the law's purpose and avoid adopting onerous regula-
tions that do little or nothing to address the key threats to
the Puget Sound.
AARON LAINGis a land -use attorney at Schwabe, Williamson f(3
Wyatt. He can be reachedat alaing@sclitmabe.com.
Marcus R. Donner
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TOVvN OF
HUNTS POINT
FAIRWEATHER
NATURE PRESERVE
LEGEND
Areas Tributary toj
Fairweather Bay /Ci
Areas Tributary to
Parks Ponds and C
Areas Directly Trib
to Lake Washingto
OVERLAKE GOLF
COUNTRY CLUB
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CLYI E HILL
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