HomeMy WebLinkAbout92.Hagen, J. 5-8_Fw DOE SMP Public Comment XIII
Michelle McConnell
From:Jim Hagen [jchagen@donobi.net]
Sent:Saturday, May 08, 2010 1:22 PM
To:Stewart, Jeff R. (ECY)
Subject:Fw: DOE SMP Public Comment XIII, cont.
Categories:LASMP Public Comment
Public Comment on the Jefferson Shoreline Master Program.
ARTICLE 6, cont.
6.3. Public Access.
6.3.A.6 and 9.
These need to be consistent with the nexus and rough proportionality issues
the Nolan/Dollan/Isla Verde cases were decide on.
6.4. Vegetation Conservation.
Where does the mandate for native vegetation come from? Studies
show lawns are a very effective buffer strip for filtering pollutants.
6.4.A.3.
The SMA does not mandate that "New uses and/or developments should establish
native shoreline vegetation such that the composition, structure, and density of the plant
6.4.A.1
community resemble a natural, unaltered shoreline as possible. also mentions "Maintain
shoreline vegetation to...resemble natural, unaltered shorelines." Is the protection threshold NNL or
"resemble natural, unaltered shorelines?" The seems to go beyond the authority of RCW 90.58.020.
6.4.B. Regulations 2.
Though these are policies, requires under that "Proponents of all new
shoreline uses shall demonstrate that site designs and layouts are consistent with the policies of this
section..."
6.4.A.4 6.4.B.2.
Both and advise landowners they are not guaranteed an unobstructed view. Can this
be required across the board without a site evaluation proving nexus and just cause?
6.4.B.3.ii. 6.1.D.8.
All vegetation removal must comply with this is a regulation that similar to the
buffers is uniformly applied in conflict with legal precedent.
6.4.B.3.iii.
Some of these conditions, such as habitat value or health of surrounding vegetation, gives
the administrator wide discretion in denying or further conditioning a permit for view maintenance.
And by the way, who in their right mind will apply for a view maintenance proposal under
this suffocating degree of oversight? People just won't bother with permits or permission, they will just
do it if the conditions lack legitimacy. This sort of uber-strict, paternalistic attitude only fosters
defiance, not compliance with regulations.
Jim Hagen
Director, Citizens Alliance for Property Rights
Director, Olympic Stewardship Foundation
Jefferson County
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