06/15/2009: "Supreme Court Turns Down State On Shoreline Ruling"

The State Supreme Court has refused to reconsider their ruling that upheld a law that shoreline regulations must be reviewed and changed as a part of a SMP (Shoreline Master Plan); not a part of -or combined with- other land use regulations. The County has however went forward and drafted shoreline goals and policies related to critical areas.

And specifically not as part of GMA (Growth Management Act) regulations; such as an update to a critical areas ordinance.

Two state level agencies openly contradicted the Courts opinion and advised San Juan County to continue working on reviewing and drafting changes to the county shoreline regulations.

Representatives of CTED (Community, Trade & Economic Development) and DOE (Department of Ecology) informed the County that their attorneys disagree with the Court decision, and would ask the State Legislator to change the law to allow shoreline changes to be made in conjunction with GMA updates.

The legislature did hold a hearing on a proposed bill to do just that, but it failed to become law.

There was also some discussion that CTED and DOE would join in with appellants Futurewise et al in asking the Court to “reconsider” the decision the Court had just made. This they did, and the Court has now turned them down.

This will have no effect on the Citizens committee, since they were told to their services would no longer be needed after CD&PD Director Ron Henrickson informed the County Council his department could finish up their work. Henrickson also asked the Council for authority to draft shoreline regulations -in spite of the Supreme Court ruling this should not be done. (Shoreline & CAO draft.doc file))

The first of three public workshops on the updated CAO ordinance will be held on San Juan Island (Monday, June 15 at the District 3 Fire Station