10/26/2006: "The Wider Implications Of Initiative 933"

By Albert Hall

The problem that Initiative 933 attempts to correct is that property owners are being arbitrarily restricted from the full use of their land. When a permitting authority requires over 60% of a parcel be set aside "to preserve the environment" or some other ill-defined or undefined public benefit, there is indeed a problem. But lest readers think that this writer is locked into ideological support of property owners, consider the following.

In most American communities, property owners routinely abide by setback regulations for front, side and rear yards. In one sense this is clearly a "taking." However, rather than being opposed, most understand that these setback regulations (1) are reasonable and (2) enhance neighborhoods (and the values of their respective parcels).

The setbacks of my Town of Friday Harbor residential lot consume 37.8% of the total land area; and assuming consistent enforcement throughout my neighborhood, I have no problem abiding by them. Nor do I have any problem with exceptions being granted under a well established procedure for particular circumstances.

The main distinctions between "takings" for long accepted setbacks and those addressed by Initiative 933, lie in the fact that the one is long established, near universally supported and (most important) clearly defined. Area set-asides, on the other hand, are relatively new, and arbitrary.

Initiative 933 will hopefully motivate permitting jurisdictions to articulate succinct and reasonable regulations and, after widespread public debate, seek their approval. It is quite probable that much of the present problems arise from Growth Management Act (GMA) guidelines and attempts to zealously implement their most restrictive outcomes. This is amplified by the fact that GMA appellants seemingly want to cram a one-size-fits-all template throughout the state.

While the intentions of Initiative 933 are laudable, it would be equally nice to revisit the GMA statute; and in particular to restore to local jurisdictions (and not regional hearings boards) the final determination in matters concerning the use, restrictions on and development of private property.

(Albert Hall is running for a County Council seat, Friday Harbor district)