New rules set for protecting shorelines

OLYMPIA -- New shoreline protection rules for Washington state were unveiled yesterday -- the result of a surprising settlement that united environmentalists, business groups and government regulators.


	A five-part special report about the effects of pollution on the waters of Puget Sound. - Part 1: Polluted waters - Part 2: Extinction or bust - Part 3: Ruinous runoff - Part 4: Maritime mess - Part 5: Turning things around - Further developments - More stories - Join the forum Read the transcript of a live chat with reporters Robert McClure and Lisa Stiffler.

After years of legal sparring, the traditionally opposed interests took turns praising the revamped guidelines for development along the shores of rivers, lakes, the ocean and the Puget Sound.

"The shorelines, as a result of this agreement, will be healthier and our citizens will be protected from floods and erosion," Gov. Gary Locke said.

Don Brunell, president of the Association of Washington Business, called it a "landmark agreement between parties who rarely agree."

For seven years, the state Ecology Department had worked on an update to the 30-year-old Shorelines Management Act, a voter-approved initiative that directed the state to protect shorelines. Local governments wrote regulations based on the state's master plan.

Updates of the state rules were completed twice, and twice were shot down.

The 1999 version was withdrawn by Ecology because of negative public response. A revised version was passed by the agency the following year, but more than a hundred cities sued the state for ordering them to update their rules without providing money to do so.

Rather than keep fighting over the issue in court, Brunell's organization, which represented cities, counties and businesses, the Washington Aggregates and Concrete Association, the Washington Environmental Council and others sat down with Ecology officials to hammer out a compromise.

The new guidelines recognize the need for people to use shorelines for commerce and recreation, but emphasize protection of the environment. They direct local governments to inventory and understand the "ecological functions" of shorelines and establish protections resulting in "no net loss."

Business groups are satisfied that the new rules won't cripple economic development in rural counties, said Kristin Sawin of the Association of Washington Business.

The work isn't over yet.

First, the Legislature needs to make a few changes to the law to aid in implementation of the rules. Currently, local governments are required to update their regulations in two years, but the agreement's negotiators are asking for a phased-in schedule that extends from 2005 to 2014. The lawmakers will decide who goes first.

Then there's the issue of money.

It's estimated that it will cost nearly $19 million for the governments to write the updates. Locke asked last week for $2 million in funds to support this effort in the next budget.

Finally, the draft regulations must go through a six-month public comment process.

The 85 pages of guidelines do not set concrete values for rules such as how large buffers need to be along rivers, or dock dimensions. Instead, the regulations outline preferred development practices and approaches to conservation. The rules apply to new construction or changed land use and generally are not retroactive. They do not specifically address endangered species issues as the previous version did.

The rules come at a time when there is increasing scientific evidence of the importance of beaches and shorelines for a variety of critters.

Small fish feed and hide in eelgrass and other vegetation that grows near beaches, but docks that block sunlight can destroy this ecosystem. Concrete bulkheads stop the natural, replenishing flow of sand from uphill bluffs down to beaches. Without the flow, the sand washes away in the tides -- leaving a rocky, hard bottom inhospitable to eelgrass.

Development along riverbanks can increase the flow of stormwater runoff polluted by animal waste, pesticides and other chemicals. "Armored" shorelines prevent the logs and debris that provide shelter for fish, including juvenile salmon, from entering streams.

From Bellingham, stretching around the Sound and down the Washington coast, more than 900 miles of the state's 3,000 miles of saltwater shoreline are altered by bulkheads and other construction. There are about 3,600 docks and piers and 30,000 pleasure boat slips in the state's marine waters.

Some examples of the shoreline rules:

New buildings should not be allowed in areas likely to flood. In areas of existing development, construction of flood-prevention devices is allowed only when scientific evidence shows that it is necessary and that there will be no net loss to priority organisms and habitat.

Where piers or docks are allowed, new homes should be required to share docks when feasible and build structures that are as small as possible to reduce environmental damage. Ports and businesses building docks for non-residential use must defend the need.

Development should be set back from bluffs or steep slopes to make bulkheads unnecessary. In locations needing structures to stop erosion, efforts to improve drainage or plant stabilizing vegetation should be tried before building barricades.

The updated regulations "will be a significant improvement in shoreline protection," said Jay Manning, a lawyer with the Washington Environmental Council.

But there are no guarantees of success. Ecology must approve all of the plans and local governments must enforce compliance.

This report includes information from The Associated Press. P-I reporter Lisa Stiffler can be reached at 206-448-8042 or lisastiffler@seattlepi.com

Add P-I Local headlines to