County must return to shoreline buffer proposal
AARON CORVIN; The News Tribune
Published: July 14th, 2005
12:01 AM
Pierce County violated the state’s Growth Management Act when
it failed to protect aquatic life along 176 miles of shoreline and instead
deleted those protections from a package of conservation laws, a state
hearings board has decided.
Tuesday’s decision by the Central Puget Sound Growth Management Hearings
Board orders the County Council to fix that part of an ordinance it approved
in October 2004.
The decision was a response to a Jan. 13 appeal filed by Citizens for a
Healthy Bay and People for Puget Sound. The environmental groups wanted Pierce
County to impose a 150-foot vegetative buffer along the marine shoreline in
unincorporated areas to reduce beach erosion and protect the marine food
web.
The buffer proposal has been a sore point with shoreline property owners
who fear the effect it would have on their ability to use their land.
The “critical areas” ordinances are intended to protect the most
sensitive wildlife habitat. They affect stormwater, paving, tree retention and
development in those areas and around wetlands, streams and rivers.
The state’s growth law calls on local governments to limit sprawl and
protect natural areas.
Leslie Ann Rose, senior policy analyst for Citizens for a Healthy Bay,
said she hopes the county responds to the board’s decision with a balanced
critical areas policy.
“There were a lot of concerns that were expressed by the community the
first time out,” she said, referring to waterfront landowners on the Gig
Harbor peninsula who bombarded county officials with complaints about losing
development rights.
“We really do need to start with the community and bring them into the
process. We’re not talking about every square inch of Puget Sound shoreline.
The first thing that really needs to happen is to look at those areas that
require protection.”
The hearings board ordered Pierce County to fix the problem by Jan. 12,
2006.
County Councilman Terry Lee (R-Gig Harbor), who persuaded other council
members to take marine shorelines out of the ordinance, said he doesn’t plan
to challenge the hearings board’s decision in court.
He said he generally understood the board’s decision but hadn’t read it
yet because it was just released.
“I plan to continue to work for my constituents’ personal property
rights,” he said. “I do plan to work to comply with the hearings board’s
directions.”
Pierce County’s set of critical areas ordinances took effect March 1.
They limit the amount of pavement in subdivisions and commercial developments
and require developers to retain more trees, among other things.
In a related development, the hearings board upheld a part of the
county’s new conservation laws that allows developers to build a conference
facility for up to 500 people in the Mount Rainier hazard area between Ashford
and Elbe as long as a written escape plan is created.
The Tahoma Audubon Society had appealed that policy, arguing it violated
the Growth Management Act because it lacked sound scientific footing.
The hearings board disagreed, saying that no part of the state’s
15-year-old growth law “appears to require the County to make human life and
safety its paramount concern when adopting critical areas regulations.”