|
Angel asks state agencies to
refrain from issuing guidance and policies in conflict with
court-affirmed shoreline law
Port Orchard
lawmaker says Department of Ecology overstepping its authority
Rep. Jan Angel has
sent letters this week to the state departments of Ecology and Commerce
asking its directors to refrain from creating new shoreline policies and
guidance.
The issue centers around
which jurisdiction takes precedence in setting shoreline rules and
buffers: the state's Shorelines Management Act or the Growth Management
Act (GMA). GMA governs "critical areas" which the Department of Ecology
contends should cover some shorelines with generally more restrictive
rules. Both laws have been in conflict and the subject of litigation
involving Kitsap County's shoreline buffer zones. However, Angel says
the state Supreme Court ruled last year that the Shoreline Management
Act is the governing jurisdiction for the state's shorelines.
Now, she says, without
legislative authority, the Department of Ecology has issued "interim
guidance" and is developing new policies on how governments can deal
with critical areas within the shorelines.
"The Department of Ecology
wants to come in and add more guidelines that would result in
conflicting policies beyond those outlined in the state's Shorelines
Management Act. This will really muddy up things and result in more
litigation involving state agencies, local governments and shoreline
property owners," said Angel, who serves as ranking Republican on the
House Local Government and Housing Committee. "This is a waste of
taxpayers' money. The state Supreme Court made it clear last year that
the Shoreline Management Act takes precedence. The Department of Ecology
needs to adhere to that ruling, which is the prevailing law."
Angel says the Department
of Ecology's new policies would have the critical area ordinances (CAOs)
apply as the prevailing law, which in Kitsap County seeks to increase
shoreline buffers by as much as 150 feet or more.
"Ecology keeps giving
direction that I believe is in question. We're asking it to cease and
desist, as well as the Department of Commerce which oversees the Growth
Management Act and implementation of the CAOs," said Angel. "Rather than
wasting time, resources and taxpayers' dollars, the Department of
Ecology needs to accept the high court's ruling that the state's
shorelines, including those in Pierce and Kitsap counties, are governed
by the Shoreline Management Act."
In addition to letters to
the departments of Ecology and Commerce, Angel has sent a letter to
state Attorney General Rob McKenna asking whether the agencies are
"acting in defiance of legal authority" by issuing the new guidance and
policies.
All three letters are also
co-signed by Rep. Joel Kretz, R-Wauconda, who serves as House Republican
deputy leader. Copies were also supplied to the governor's office.
Angel says whatever rules
are applied will have widespread effects to those who live, work and own
property along Pierce and Kitsap counties' hundreds of miles of
shorelines.
"When we get into the
question of shoreline buffers, it affects home ownership, personal and
commercial property, and development rights. It puts property owners in
huge limbo. These laws could affect whether they could expand an existing home
or build a new home," said Angel. "The Shorelines Management Act
recognizes the importance of allowing people to work and play along
Washington's shorelines. It gives the ability under certain criteria for
restaurants, businesses, marinas and docks to be built along with other
limited development within those areas. CAOs, on the other hand, are
generally more restrictive and may prohibit such activities.
"Ecology is going too far
by giving opinions, which I don't believe it has the legal right to do.
I think we need to let the shoreline master program control the
shorelines, without new guidance from the departments, until the
Legislature provides further direction on the issue," Angel concluded.
# # #
EDITOR'S NOTE: Click below for copies of
the letters (in PDF format).
For more information, contact:
John
Sattgast, Senior Information Officer: (360) 786-7257
|