Northwest Land Matters

Northwest Land Matters

Developments in Energy, Natural Resources & Environmental, Real Estate, and Land Use Law in the Pacific NW

Monthly Archives: April 2011

New Draft Rapanos Guidance Issued: EPA and Corps Seek to Expand Federal Control over Tributaries, Wetlands, and Isolated Waters

Posted in Environmental
On April 27th, EPA and the Corps issued new draft guidance for determining whether there is federal Clean Water Act jurisdiction over various streams, wetlands, lakes and ponds.  There is a 60 day comment period before the guidance is finalized and effective.  Previously issued federal agency guidance technically remains in effect, but the agencies appear … Continue Reading

Seattle to Replace Vacant Lots Downtown with Art, Vendors & Community Gardens

Posted in Land Use, Municipal
Seattle’s City Council unanimously approved a pilot program  that will enliven downtown lots left vacant after the real estate bust.  The City hopes to replace parking lots with public art, mobile food vending, retail kiosks, tree nurseries, community gardens, or any other similar use that enlivens the area for pedestrians. Is this Seattle’s first step toward … Continue Reading

Foreclosure Fairness Act Passes Giving Hope To Troubled Homeowners

Posted in Real Estate
Last week, Gov. Chris Gregoire signed into law the Foreclosure Fairness Act of 2011, a bill that gives homeowners working with housing counselors or attorneys the right to third-party mediation of foreclosures.  The Act is intended to help homeowners obtain loan modifications necessary to avoid foreclosure.  Washington is the third state to adopt a foreclosure-mediation … Continue Reading

Cottage Communities: Sprawl Dressed In A More Stylish Outfit?

Posted in Development, Growth Management Act, Land Use, Land Use Planning, Real Estate
Cottage communities are gaining popularity across the country for those wanting less space and more convenience without losing access to a yard.   Touted as anti-sprawl and as more sustainable than other forms of single family housing,  Seattle-based architect Ross Chapin has compared cottages to the Mini Cooper: “smart, sensual, well-engineered and reliable.” Successful cottage developments in urban areas … Continue Reading

Co-Tenancy Clauses: Why Landlords and Tenants are Intensifying the Battle Over Such Rights

Posted in Development, Real Estate
A struggling economy has made the issue of co-tenancy clauses in leases more important than ever for both landlords and tenants. With the vacancy rate for strip malls at a national average of 10.9%, the country’s highest level in 20 years, co-tenancy clauses have proven to be a problematic concession for landlords and a valuable … Continue Reading

Can Transfer of Development Rights (TDR) Programs Work in Washington State?

Posted in Development, Growth Management Act, Land Use, Land Use Planning, Municipal
The City of Issaquah recently announced a complex agreement involving a transfer of development rights (TDR) transaction that will preserve more than 140 acres of forested land in and around the City, including the entire Park Pointe area at the base of Tiger Mountain. Several years ago, a developer had proposed to build hundreds of … Continue Reading