Greetings Interested Parties,
Status - Responsiveness Summary
The County is continuing to prepare a review of and response
to the issues raised by over 300 comments/testimonies received by the State
during the state-wide public comment period. This is a required step of
the final review process. In order to meet the State SMP Guideline
requirements (WAC 173-26-120(6)) and to give due diligence to considering the
overwhelming volume of public comment, the County requested more time to
complete this task. Ecology approved the timeline extension, making the
Responsiveness Summary due by early October. DCD hopes to complete the
task well before the new deadline. Learn more on the Locally
Approved SMP page.
Next Steps
Once Ecology receives the County’s Responsiveness
Summary, they will prepare Findings & Conclusions on whether our Locally
Approved SMP is consistent with State requirements. Then they’ll
issue their decision to approve, modify or deny. Learn more about the
state review process at the Ecology
website.
Infringement on Private Property Rights
Public concerns continue to be voiced over the effect of
SMPs on property owners. While a legal review of the
‘takings’ issue was prepared in February
2010, another legal memo has been released to further explore the
County’s obligation to analyze the property rights issue. Learn
more on the Locally
Approved SMP page under ‘Frequently Asked Questions’.
Press Coverage
As the political season heats up, more local ink is related
to the SMP Update. In our opinion, the details do matter, so here are some
clarifications:
Buffers& Setbacks
·
Buffers are not the same as setbacks. The
proposed buffers are 100’ – 150’; the proposed setbacks are
10’. There are 6 options proposed that would allow buffer
adjustments based on specific criteria and site conditions.
·
Existing SMP (JCC
18.25; adopted 1989) has required setbacks that range from 15’ to 100’.
·
Existing Critical Areas Ordinance(JCC
18.22; adopted 2008) requires a 150’ buffer from fish & wildlife
habitat conservation areas including lakes, streams/rivers, and marine shores.
The most recent legal interpretation requires application of CAO standards to
critical areas that occur in the shoreline area.
·
Port Townsend SMP buffers range from 50’
to 200’.
·
The proposed buffers are a compromise based on a
range
of science, some of which calls for buffers in excess of 400’.
The required scientific review is contained in the
Final Shoreline Inventory & Characterization Report, which documents
existing conditions and the need for better protection.
·
The proposed buffers are not ‘no-touch’
zones. Water-dependent development is allowed in the buffer, and 20% of
the buffer area can be ‘active use’ for lawns, foot paths, landscaping,
etc. Some vegetation can be trimmed/removed to maintain views.
Law & Jurisdiction
·
Not ‘all shorelines’ will be
governed by the SMP, only those that meet the jurisdictional criteria set by
State law. Not included: Lakes smaller than 20 acres; Streams where the
mean annual flow less than 20 cubic feet per second; Federal and Tribal lands.
·
The SMP update is required by State law (RCW
90.58) and the State administrative rules (WAC 173-26). WA Department of
Ecology is tasked by the Legislature to oversee shoreline management in the
state.
And remember, if you have questions, review the LA-SMP
document or contact DCD for questions.
Best regards,
Michelle
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Michelle McConnell, Associate Planner - LRP Lead
Jefferson County Department of Community Development
Long Range Planning Division
621 Sheridan St., Port Townsend, WA 98368
MAIN
360.379.4450 DIRECT
360.379.4484 FAX 360.379.4473
WEB www.co.jefferson.wa.us/commdevelopment
OFFICE OPEN: 9:00 a - 4:30 p Monday -
Thursday; Closed Friday
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