WSR 99-23-103

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 95-17a -- Filed November 17, 1999, 11:21 a.m. ]

Subject of Possible Rule Making: Update and replacement of chapter 173-16 WAC, Shoreline Management Act (SMA) guidelines for development of master programs; implementation of regulatory reform relating to integration of shorelines, growth management and related statutes; planning and regulatory measures addressing shoreline uses and development; protection and restoration of fish and wildlife habitat within shorelines of the state.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 90.58, 36.70A, 36.70B RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The shoreline guidelines rule has never been comprehensively updated since it was originally adopted over twenty-five years ago. The existing guidelines do not recognize new advancements in science relating to how shorelines should be managed, changes in the character of shoreline development and new innovations in shoreline management practice. In addition, the 1995 legislature directed ecology to periodically review and adopt guidelines consistent with the policy of the SMA and integrate shorelines and growth management plans and development regulations. For these reasons, the guidelines need a thorough reworking. Updated guidelines will provide needed direction to local governments and the state in implementing the SMA.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Department of Ecology is the principal state (agency lead) regulator in this subject area. However, state Departments of Community, Trade and Economic Development, Fish and Wildlife, Natural Resources, Agriculture and others are affected and will be consulted during development of the subject rule. The National Fish and Wildlife Service, Marine Fisheries Service, and Oceanic and Atmospheric Administration will also be consulted.

Process for Developing New Rule: Ecology will build upon the work of the Shorelines Policy Advisory Group, Land Use Study Commission and more recently the Shorelines Guidelines Commission in development of new rule language. These past efforts have included participation from cities, counties, tribes, ports, forestry, environmental and citizen organizations, business, agriculture, recreational interests, shoreline property owners and state agencies. Ecology will continue to work with these parties in the rule development process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Peter Skowlund, Shorelands and Environmental Assistance Program, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail psko461@ecy.wa.gov, phone (360) 407-6522, fax (360) 407-6902, or visit http://www.wa.gov/ecology/leg/activity/wac17326.html.

Ecology plans to distribute a new informal "working draft" rule before the '2000 legislative session and continue working with local governments and other interested parties, including the state legislature, before a formal rule is published. Ecology will provide a schedule for rule adoption that will indicate opportunities for the public to ask questions, provide information and comment throughout the rule development process.

November 16, 1999

Gordon White

Program Manager

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