SnoCo updating shoreline regulations

New regulations for the development and use of shoreline property in Snohomish County are currently under discussion by the county council.

In accordance with new guidelines handed down by Washington state, the county is required to revise its Shoreline Management Program (SMP), first developed in 1974 as part of the Shoreline Management Act and last updated in 1993.

Will Hall, legislative analyst for the county, summarized 30 proposed amendments to the current SMP during a public hearing last week.

“One concern that has been raised by several people,” said Hall, “is that all homes within 150 feet of shorelines could become nonconforming uses and that could affect property values.”

Hall said it’s not the case.

According to the Washington state’s Department of Ecology, the governing body of shoreline regulations, existing homes will not be affected by new buffer standards because they are “grandfathered in” under the Shoreline Management Act. Houses built or expanded on after the adoption of updated shoreline programs will be subject to the new buffer standards. Expansions of existing single-family structures are reviewed on a caseby case basis. Provisions of new shoreline master programs are not retroactive.

The current SMP has setbacks, from 25 to 100 feet, for certain uses in specific environments, which are different from the buffers required under the critical area regulations (CAR). Both the setbacks and regulations are applied for new development.

Although similar, buffers and setbacks are not quite the same.

A buffer is intended to protect ecological functions that sustain native species and habitat, as well as help stabilize slopes and banks.

Setbacks, on the other hand, are minimum distances between a structure and the shoreline area.

If a structure does not comply with the setbacks in the SMP, then it is deemed nonconforming.

The proposed ordinance does things different, intentionally, said Hall.

“It eliminates the different setbacks for different uses in different environments,” he said. “Instead, it uses the buffers in our critical area regulations to regulate and protect critical areas.”

Streams, lakes and marine shorelines under current critical area regulations have 150-foot buffers, as adopted in 2007, said Hall.

However, single-family residential developments are exempt in CAR buffers.

Under the proposed changes, the new SMP will not make single-family residences nonconforming in the 150-foot buffer as long as they comply with critical area regulations that are currently in effect, said Hall.

The critical area regulations have been designed to prevent loss of ecological functions at the project level. A reasonable effort to avoid impacts is required by project applicants. Where impacts are unavoidable, projects should be planned to minimize or mitigate impacts to meet no-net-loss standards set by the county.

The series of amendments also include instances of shoreline variances, standards for piers and docks, flood protection measures, regulations for agriculture, designation of natural areas and the proposed establishment of a 200-foot minimum lot width along shorelines, among other issues.

Island County adopted a new SMP in 2001 and is currently working on revisions to be finalized in 2012.

To view the proposed SMP ordinance for Snohomish County, visit www. snoco.org. The county council will accept written testimony on any of the amendments until Friday, Sept. 10 at 5 p.m. A continuation of the public hearing will occur on Sept. 22, 1:30 p.m., in the Jackson Board Room, Robert J. Drewel Building, 3000 Rockefeller, Everett. Additional information regarding shoreline management programs is available at www.ecy.wa.gov.

Staff Reporter Adam Stewart: 629-8066 ext. 115 or astewart@scnews.com.