Shoreline Master Program: Questions and Answers

 


Editor’s note: Wahkiakum County and the Town of Cathlamet have been working on updates to their Shoreline Master Programs (SMP), and citizens have raised concerns about the effects of the program on various activities. The county Public Works Department provided the media some responses and explanations to the concerns. Here is the second of two articles.

Will there be 200 foot setbacks from SMP streams where development is prohibited?

Answer: Two hundred feet is the minimum jurisdictional distance landward from SMP streams, not a ‘no build’ zone. The new SMP will include buffers and setbacks to protect the environment and public safety from natural hazards. They are typically larger than the ones in the existing SMP. Existing development can remain where it is and be repaired and maintained.

The standard buffer distances differ depending on the stream in question. Throughout most of Wahkiakum County, the proposed standard buffer + setback distance will be about 150 ft. The typical buffer + setback distances proposed in Cathlamet will range from 55 ft. to 95 ft. Within a given property, this distance can be averaged down to 75 percent of the standard distance. If a property owner would be deprived by these buffers/setbacks of all reasonable use of their land, they can apply for a variance to make the buffer and setback smaller. Water dependent development such as a private pier and dock, a commercial vessel loading facility, or a public boat launch can be located within the buffers and setbacks.

Will the SMP regulate existing agriculture or eliminate agriculture after it ceases for a brief time?

Answer: For any existing agricultural uses on agricultural land, the SMP will not regulate its continued operation, or changes to that operation. For example:

Livestock can be removed by a farmer, and then replaced.

Crop fields can be left fallow, and then replanted or replaced with livestock.

Changes in property ownership do not trigger any new regulations.

The SMP will not require buffers or fencing of wetlands, riparian areas, and streams to keep out livestock on existing agricultural operations, although this practice is considered a ‘best management practice’ in many situations.

Existing agricultural operations include land that is currently fallow or unused, but that has historically been used for agriculture.

Existing agricultural facilities and equipment may be maintained, repaired, or replaced when consistent with the permit exemption criteria.

New structures (residence, barn, storage) that are not a replacement may require a permit.

If agricultural land is converted to some other use, such as a residential subdivision, then SMP regulations will apply. If new agriculture is proposed on land that has not been in agriculture before, then the SMP (including Section 6.2.2) would be applicable. And if uses other than agriculture are proposed on agricultural lands, the other use provisions of the SMP apply.

Will the SMP shut down agriculture, forestry, and fishing?

Answer: SMP does not regulate existing agriculture and is further explained above. The SMP regulations on forestry are focused on non--harvest activities and do not represent a substantial change from the SMP regulations that have been in place since the 1990’s. Water dependent uses and structures such as docks, boat repair facilities, and fish processing or loading areas are all permitted by the SMP. The SMP does not directly manage commercial or recreational fishing (harvest) but rather the shoreline development that may support those activities. SMPs are not retroactive to legally existing uses and structures but apply if/when new uses, structures, and modifications are proposed along local shorelines.

Will the SMP impose new restrictions on most pr http://timdir.com/ws/anetta--keys--red--lingerie--stockings/14.jpg operty in the county?

Answer: The SMP jurisdiction land area includes less than 10 percent of the total County and Town land area and is similar in size to the area regulated by the existing SMP for the last few decades.

Have all the decisions been made and are the new regulations carved in stone?

Answer: No, the County and Town are continuing to review and make changes to the SMP over the next several months. There are still opportunities to make the SMP have the best fit with the unique characteristics of Wahkiakum County and Town of Cathlamet. Not every comment will result in a change to the SMP, however many comments do result in changes. Your participation and ideas are welcome and needed.

For materials & more information:

https://www.dropbox.com/sh/ocrnkg13m83dt03/AABqHpnhVHCXkflC--ROztYJsa?dl=0

http://www.ecy.wa.gov/programs/sea/shorelines/smp/index.html

 

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