Jurisdictions Updating Shoreline Master Programs: Dramatic Changes May Be Coming

house on lake.jpgJurisdictions throughout the state are in varying stages of updating their local shoreline master programs (SMPs).  While several have completed the process, others, like Seattle are still relatively early in the process, and some have yet to start.  Each jurisdiction’s progress is shown on the Department of Ecology’s website.

SMPs regulate development and land use within 200 feet of the ordinary high water mark of marine waters and many lakes and rivers and can extend across an entire floodplain.  Thus, while their reach is relatively constrained geographically, SMPs are a primary source of land use restrictions for properties located in whole or in part within these shoreline areas.  Shoreline property owners, businesses and industries along watercourses can be significantly affected by the SMP updates with such issues as increased setbacks and buffers, restrictions on bank stabilization and increased public access. 

In general, the updated SMP must  ensure “no net loss” of shoreline ecology while accommodating shoreline uses, especially water dependent uses.  This regulatory standard differs from critical area regulations adopted under the Growth Management Act which must be based on “best available science.”   

This update process marks the first time many local jurisdictions have revised their SMPs since they were first adopted in the 1970s, so dramatic changes may be in store.  The process requires approval by the legislative body of the particular city or county before it is transmitted to Ecology for approval.  There are many opportunities for public participation, both at the local level and during Ecology’s review; however, public participation is most effective when parties engage early in the process. 

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