Washington's SMA and GMA a Framework for local coastal planning and environmental management

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Washington's SMA and GMA -a Framework for local
coastal planning and environmental management

• SMA 509
• May 9, 2006
• Prof. Bob Goodwin

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Washington State Shorelines in the late1960s

• Uncontrolled filling of waterways
• Wilbur v. Gallagher (Lake Chelan)
• Polluting industries - pulp mills, smelters
• Inappropriate shoreline development
• Controversial industrial projects proposed
• Port development (Nisqually Delta)
• Oil refinery (Kayak Point, Snohomish County)
• Aluminum reduction plant (Guemes Island)
• 2/3 of state tidelands sold off
• Limited public access to public shorelines

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Citizenrys response

• Washington Environmental Council formed
• Dept. of Ecology created
• WEC submitted Initiative 43 to the Washington
  legislature in 1970
• Alternative measure, 43B, passed by the
  legislature in 1971
• Per state constitution, both measures submitted
  to the voters in 1972
• 43B prevailed, became the Shoreline Management
  Act, RCW 90-58

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Initiative 43 and 43B Compared

• 43 Limited role of local government
• Established regional planning entities
• Gave veto power to State
• 600 shoreline permit jurisdiction
• 43B Gave planning power to local government
• State retained oversight
• 200 permit jurisdiction

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Shoreline Management Act

• Covers both marine and freshwater (lakes, rivers
  and streams) shorelines
• Exerts some state authority over local (cities
  and counties) decision-making
• Shoreline Master Programs have weight of state
  law, not just local ordinances
• Permits can be appealed by DOE, Attny. General,
  any aggrieved third party
• Shoreline Hearings Board hears appeals
• State can write an SMP if l.g. wont (Okanogan
  County)
• Formed the core of Washingtons Coastal Zone
  Management Program approved in 1976

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Washington CZMP 2-tier boundary

• Planning area
• 15 Coastal Counties (adjacent lands)
• (SMA applies to all counties and cities)

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Washington CMP 2-tier boundary

• Permit area defined in the SMA
• 200 inland from Ordinary High Water on rivers,
  lakes, streams and marine shorelines, plus
  associated wetlands
• OHW is not a standard datum like MLLW, MSL, or
  100-yr flood
• Defined (divined?) by soil conditions, vegetation
• Control of uses therefore extends upland into
  parts of watersheds

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Permissible 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 state's
  shoreline
• RCW 90.58.020

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Priority of uses

• SMA prioritizes uses on Shorelines and on
  Shorelines of Statewide Significance - (Outer
  Coast, Strait of Juan de Fuca and Puget Sound
  shorelines below extreme low water)

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On Shorelines of the State

• 1) Single family residences
• 2) Ports
• 3) Shoreline recreational uses
• 4) Industrial and commercial developments that
  are particularly dependent upon their location
  on, or use of, the shorelines (water-dependent,
  water-related, water enjoyment uses)
• 5) Other developments which will provide an
  opportunity for substantial numbers of people to
  enjoy the shorelines.

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On Shorelines of Statewide Significance

• Recognize and protect the statewide interest over
  local interest
• Preserve the natural character of the shoreline
• Result in long term over short term benefit
• Protect the resources and ecology of the
  shoreline

• Increase public access to publicly owned areas of
  the shorelines
• Increase recreational opportunities for the
  public in the shoreline
• Provide for any other element as defined in (the
  SMA) deemed appropriate or necessary.

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Effects of SMA Use Priorities in Cities

• Shorelines of Statewide Significance
• Water areas below extreme low tide includes
  Harbor Areas and bedlands
• Shorelines of the State
• Uplands, tidelands and shorelands

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SMA Planning Elements (For Preparation of
Shoreline Master Programs)

• (a) An economic development element for the
  location and design of industries, industrial
  projects of statewide significance,
  transportation facilities, port facilities,
  tourist facilities, commerce and other
  developments that are particularly dependent on
  their location on or use of the shorelines of the
  state

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SMA Planning Elements

• (b) A public access element making provision for
  public access to publicly owned areas

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SMA Planning Elements

• (c) A recreational element for the preservation
  and enlargement of recreational opportunities,
  including but not limited to parks, tidelands,
  beaches, and recreational areas

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SMA Planning Elements

• (d) A circulation element consisting of the
  general location and extent of existing and
  proposed major thoroughfares, transportation
  routes, terminals, and other public utilities and
  facilities, all correlated with the shoreline use
  element

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SMA Planning Elements

• (e) A use element which considers the proposed
  general distribution and general location and
  extent of the use on shorelines and adjacent land
  areas for housing, business, industry,
  transportation, agriculture, natural resources,
  recreation, education, public buildings and
  grounds, and other categories of public and
  private uses of the land

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SMA Planning Elements

• (f) A conservation element for the preservation
  of natural resources, including but not limited
  to scenic vistas, aesthetics, and vital estuarine
  areas for fisheries and wildlife protection

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SMA Planning Elements

• (g) An historic, cultural, scientific, and
  educational element for the protection and
  restoration of buildings, sites, and areas having
  historic, cultural, scientific, or educational
  values

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SMA Planning Elements

• (h) An element that gives consideration to the
  statewide interest in the prevention and
  minimization of flood damages and

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SMA Planning Elements

• (i) Any other element deemed appropriate or
  necessary to effectuate the policy of this
  chapter.

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SMA Environmental Designations

• Natural
• Undisturbed shorelines (parks, reserves, etc.)
• Conservancy
• Altered shorelines with low intensity uses (e.g.
  urban parks, beaches)
• Rural
• Agricultural and forestry lands
• Low intensity residential
• Urban
• Highly modified shorelines in cities
• Ports, heavy marine industries

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2003 SMA Guidelines Update

• New interpretation of the 1971 SMA
• Requires SMA/GMA integration
• Revised Environmental Designations
• Added principles
• No net loss of shorelines ecological functions
• Clear mitigation policy
• Restoration plan required

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Shoreline Management Act

• What it is not
• Comprehensive land use planning statute
• Watershed management regime
• Smart growth tool
• What it is
• Management regime for shores of waters and the
  immediately adjacent lands
• Program to achieve shoreline/coastal goals
• Balancing mechanism for local and statewide
  interests

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Growth Management Act (1991)

• Requirements
• Establish Urban Growth Areas
• Distinguish rural from urban
• Inventory and protect critical areas through
  Critical Areas Ordinance
• Wetlands
• Areas of critical recharging effect on aquifers
  used for potable water
• Fish and wildlife habitat conservation areas
• Frequently flooded areas
• Geologically hazardous areas

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GMA Requirements, cont

• Develop a comprehensive plan
• 20-year planning horizon
• Land use element
• Housing element
• Capital facilities plan element.
• Utilities element
• Transportation element
• Rural element
• Optional elements

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GMA Requirements, cont

• Concurrency
• Transportation and public service improvements to
  precede development
• Levels of service to be achieved
• Coordination Consistency
• Between county and city plans
• Between adjacent counties
• With other federal, state and regional plans
  programs
• Cumulative effects
• Development regulations

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GMA Summary

• GMA Addresses -
• where and when growth occurs not if
• fast growing counties
• impacts and mitigation of growths effects
• conservation of critical areas
• protection of rural resource lands
• GMA defers to Shoreline Management Act and local
  Shoreline Master Programs
• Critical areas ordinance cant trump shoreline
  regulations

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GMA/SMA Summary

• GMA is a comprehensive planning and growth
  management statute that addresses where urban
  development can and cannot occur in the fastest
  growing counties
• SMA is a management program designed uniquely for
  shorelines of marine and freshwater bodies
  throughout the State and has the weight of state
  law

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Next class

• The new SMA Guideline put to use
• Port Townsends SMP Update