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HomeMy WebLinkAbout240.Tonkin, D. 4-13_Letter re Locally Approved Jefferson County Shoreline Master Program Michelle McConnell From:David I Tonkin [z9davton@q.com] Sent:Tuesday, April 13, 2010 8:58 AM To:Stewart, Jeff R. (ECY) Cc:George Yount; Henry Werch; Matt Sircely; Ruth Gordon; William Miller; dsullivan@co.jefferson.wa.us; pjohnson@co.jefferson.wa.us; Austin, John (DOHi) Subject:Letter re Locally Approved Jefferson County Shoreline Master Program Attachments:Shoreline Master Plan Comments to WA DOE.doc Categories:LASMP Public Comment Dear Mr. Stewart, I have prepared a letter stating my views in support of Jefferson County's locally approved Shoreline Master Program. I have attached it as a Microsoft Word document. In case you do not wish to open attachments in emails from people you do not know, I have also embedded my statement below. For your information, I am the elected Democratic Precinct Committee Officer for Precinct 305 (Irondale) and run up-to-date anti-virus and spyware software frequently. At this time, I plan to attend the public meeting on April 20 at Fort Warden. Sincerely, David Tonkin 32 S. Stromberg Ave. Port Townsend, WA 98368 360-385-2468 I am a resident of Jefferson County, and I support the Shoreline Master Program adopted by the Jefferson Board of County Commissioners (BOCC). I appreciate the opportunity to express my views one more time. Citizen involvement and community outreach by the BOCC, Planning Commission, and Department of Community Development over a four year period were outstanding, including the participation of shoreline property owners on the Policy Advisory Committee. I appreciate the care taken by the BOCC to analyze every piece of testimony and to incorporate their ideas, where appropriate, using peer-reviewed science to support policies and decisions. The resulting SMP was reasonably balanced, with the objective of meeting the needs of both property owners and Puget Sound's ecosystem. I believe the SMP generally contains clear language that makes it easier for citizens to understand it, clear regulations and policies that provide land use consistency and protection of our shorelines and waterways, and allows for flexible buffer modification where appropriate (i.e., where there is no net loss to shoreline functions). The SMP minimizes the need for shoreline armoring by encouraging non- structural remedies. It prohibits commercial net pen aquaculture farming; scientific evidence shows this practice releases strains of bacteria and viruses that are very resistant to treatment and increases the likelihood of a significantly adverse impact on wild fish. It seems to me a majority of county residents support strong environmental safeguards to protect the water quality, values and functions of the county's shorelines. The most problematic component likely deals with buffers and setbacks to protect our waterways. The 150-foot buffers specified in the SMP were supported by significant testimony at all meetings and hearings, and the latest scientific opinion supports them as a valid compromise of buffer widths necessary to protect shoreline functions. 1 Protecting our shorelines and waterways should — in the long run — protect the economic value of properties in the ecosystem, including most of the land adjacent to the shoreline and waterways. However, many people believe they have the right to do whatever they want on their own private property: to build what they want, to clear and grade, and to spray whatever they choose wherever they want on their own land. These people claim that too much restriction on where they can build on a parcel would probably decrease their land value and constitute an illegal “taking” of their land without fair compensation. In some instances, this may be a legitimate argument. Too many people believe the US Constitution gives them an unrestricted right to do whatever they want on their own land. They do not seem to realize there are no “unrestricted” rights, and this has been demonstrated by the decisions of courts up to and including the US Supreme Court. The First Amendment guaranty of free speech does not allow one person to slander another, to incite a riot, or to yell “fire” in a crowded theater. The Second Amendment may protect the right of an individual to bear arms, but it does not give one an unrestricted right to carry a concealed weapon without a permit or to own a fully automatic firearm without a license, depending on state law. So, property rights are not unrestricted either, especially if what one wants to do on their land adversely affects others in the community and beyond. You cannot burn brush during a burn ban, make unreasonable amount of noise, or run a business on your residentially zoned property without a proper permit. So, why should people think they have a right to foul the water or cause erosion downstream from their property? We just need to ensure that due process is followed and people are fairly compensated for any loss in value that results from applying tougher restrictions on the use of their property. We must always strive to serve the greater good, but not unfairly penalize individuals to do so. If we decide to take some action that we believe serves the greater good, “we” must pay for it. The burden for protecting our environment should be shared by all, not placed on the backs of a few property owners. 2 David Tonkin ? 32 S. Stromberg Ave. Port Townsend, WA 98368 ? (360) 385-2468 z9davton@q.com April 13, 2010 Mr. Jeffree Stewart, Regional Planner Washington State Department of Ecology P O Box 47775 Olympia WA 98504 RE: The Locally Approved Jefferson County Shoreline Master Program (SMP) I am a resident of Jefferson County, and I support the Shoreline Master Program adopted by the Jefferson Board of County Commissioners (BOCC). I appreciate the opportunity to express my views one more time. Citizen involvement and community outreach by the BOCC, Planning Commission, and Department of Community Development over a four year period were outstanding, including the participation of shoreline property owners on the Policy Advisory Committee. I appreciate the care taken by the BOCC to analyze every piece of testimony and to incorporate their ideas, where appropriate, using peer-reviewed science to support policies and decisions. The resulting SMP was reasonably balanced, with the objective of meeting the needs of both property owners and Puget Sound's ecosystem. I believe the SMP generally contains clear language that makes it easier for citizens to understand it, clear regulations and policies that provide land use consistency and protection of our shorelines and waterways, and allows for flexible buffer modification where appropriate (i.e., where there is no net loss to shoreline functions). The SMP minimizes the need for shoreline armoring by encouraging non- structural remedies. It prohibits commercial net pen aquaculture farming; scientific evidence shows this practice releases strains of bacteria and viruses that are very resistant to treatment and increases the likelihood of a significantly adverse impact on wild fish. It seems to me a majority of county residents support strong environmental safeguards to protect the water quality, values and functions of the county's shorelines. The most problematic component likely deals with buffers and setbacks to protect our waterways. The 150-foot buffers specified in the SMP were supported by significant testimony at all meetings and hearings, and the latest scientific opinion supports them as a valid compromise of buffer widths necessary to protect shoreline functions. Shoreline Master Plan Comment by David Tonkin April 13, 2010 Protecting our shorelines and waterways should — in the long run — protect the economic value of properties in the ecosystem, including most of the land adjacent to the shoreline and waterways. However, many people believe they have the right to do whatever they want on their own private property: to build what they want, to clear and grade, and to spray whatever they choose wherever they want on their own land. These people claim that too much restriction on where they can build on a parcel would probably decrease their land value and constitute an illegal “taking” of their land without fair compensation. In some instances, this may be a legitimate argument. Too many people believe the US Constitution gives them an unrestricted right to do whatever they want on their own land. They do not seem to realize there are no “unrestricted” rights, and this has been demonstrated by the decisions of courts up to and including the US Supreme Court. The First Amendment guaranty of free speech does not allow one person to slander another, to incite a riot, or to yell “fire” in a crowded theater. The Second Amendment may protect the right of an individual to bear arms, but it does not give one an unrestricted right to carry a concealed weapon without a permit or to own a fully automatic firearm without a license, depending on state law. So, property rights are not unrestricted either, especially if what one wants to do on their land adversely affects others in the community and beyond. You cannot burn brush during a burn ban, make unreasonable amount of noise, or run a business on your residentially zoned property without a proper permit. So, why should people think they have a right to foul the water or cause erosion downstream from their property? We just need to ensure that due process is followed and people are fairly compensated for any loss in value that results from applying tougher restrictions on the use of their property. We must always strive to serve the greater good, but not unfairly penalize individuals to do so. If we decide to take some action that we believe serves the greater good, “we” must pay for it. The burden for protecting our environment should be shared by all, not placed on the backs of a few property owners. Sincerely, David Tonkin 2