Early Washington State law

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Early Washington State law

• State assumed control over intertidal lands in
  the State Constitution and then sold them
  beginning in 1889.
• English common law tidal definition
• Preferential purchase granted to upland
  landowner.
• Despite sale of tidelands, beaches were called
  public highway forever.

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Shoreline Management Act (SMA) of 1971(state
law)

• Motivated in part by early sales of tidelands
• States
• The legislature finds that the shorelines of the
  state are among the most valuable and fragile of
  its natural resources and that there is great
  concern throughout the state relating to their
  utilization, protection, restoration, and
  preservation... There is, therefore, a clear and
  urgent demand for a planned, rational, and
  concerted effort, jointly performed by federal,
  state, and local governments, to prevent the
  inherent harm in an uncoordinated and piecemeal
  development of the state's shorelines.

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SMA (contd)

• Regulated significant development within 200 ft
  of OHMW
• Marked end of sale of tidelands
• Tidelands 75 in private hands in 1971, now 60

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Coastal Zone Management Act (CZMA) of 1972
(federal law)

• Motivated in part by SMA
• Mandated each coastal state to develop a
  shoreline plan.
• Washington was the first state to have plan
  approved in 1976.

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Endangered Species Act (ESA) of 1973(federal law)

• States
• Whenever any species is listed as a threatened
  species the Secretary of the Interior shall
  issue such regulations as he deems necessary and
  advisable to provide for the conservation of such
  species.
• Used to mandate environmentally friendly
  behavior in a number of construction projects
  near waterways in the Pacific Northwest
• http//endangered.fws.gov/esa.html

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Treaty of Point No Point (Boldt Decision) (case
law, US v. Washington, 1974)

• Treaty of Point No Point (1855) states
• The right of taking fish and usual and
  accustomed grounds and stations is further
  secured to said Indians, in common with all
  citizens of the United States and of erecting
  temporary houses for the purposes of curing
  together with the privilege of hunting on open
  and unclaimed lands. Provided, however, that they
  shall not take shell-fish from any beds staked or
  cultivated by citizens.
• Boldt Decision (1974) states that Native
  Americans entitled to 50 of the harvestable
  salmon in Puget Sound waters.
• Precipitated formation of NWIFC

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Growth Management Act (GMA) of 1990(state law)

• Seeks to
• Reduce sprawl
• Encourage urban growth
• Retain and enhance open space
• Encourage historical preservation
• Mandates notice of land-use action within 500 ft
  of agricultural lands
• Delegates most authority to local governments
  (cities and counties)
• Dictates use of best available science (BAS)

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Best Available Science (BAS)

• GMA states that the following should be
  characteristic of BAS
• Peer review
• Reproducible methods
• Logical conclusions
• Quantitative methods
• Proper context
• Referenced

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Critical Areas Ordinance (CAO) of 2005(King
County ordinance)

• Motivated by the GMA
• States
• Critical area any area that is subject to
  natural hazards or a land feature that supports
  unique, fragile or valuable natural resources
  including fish, wildlife or other organisms or
  their habitats or such resources that carry, hold
  or purify water in their natural state.
• http//www.metrokc.gov/mkcc/cao/critical_areas_150
  51.pdf

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King County CAO (contd)

• Includes
• Aquatic areas
• Erosion hazard areas
• Landslide hazard areas
• Wetlands
• Many activities are grandfathered, but limits
  (with a few exceptions) new activities within 300
  ft of these critical areas
• Definitions practices are set by BAS

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Common Enemy doctrine (state case law, legal
precedent)
Critical areas ordinance (King County)

• Trigg v. Timmerman (1916) Laurelon Terrace v.
  City of Seattle (1952) states
• The flow of surface water along natural drains
  may be hastened or incidentally increased by
  artificial means, so long as the water is not
  ultimately diverted from its natural flow onto
  the property of another.
• Softened recently (late 1990s) to prevent
  upstream property owners from artificial
  collection
• Important precedent which caused the dismissal of
  law suits filed in the Perkins Lane slide