+menu-


Ecology’s Back “Amended Plus ” SMP WAC’S

Ecology’s Back “Amended Plus ” SMP WAC’S
This is an area of statewide concern. Ecology is “BEGINNING” rulemaking “TO AMEND SEVERAL” of the rules related to implementation of the Shoreline Management Act (SMA)

———————————————-
Please send this out to notify

ALL WA STATE VESTED PRIVATE SHORELINE PROPERTY OWNERS

————————————————–
ECOLOGY STATES
We have already reached out to INTERESTED parties such as the
WA Department of Commerce (for Growth Management Act consistency), Washington State Association of Counties (WSAC) and Association of Washington Cities (AWC).

——————————————————–

ECOLOGY STATES
We will communicate with STAKEHOLDERS through the agency email lists (WAC Track and program lists), a rulemaking web page, e-mail, and regular mail.

We intend to get feedback and early input from A LOCAL GOVERNMENT SOUNDING BOARD.

WE WILL CONSULT WITH INTERESTED TRIBES.

ECOLOGY STATES

WE WILL RELEASE A PRELIMINARY DRAFT RULE FOR INFORMAL COMMENT SO WE CAN GET MORE INPUT …..”BEFORE WE PROPOSE A FORMAL DRAFT RULE (CR-102) FOR PUBLIC COMMENT.”

We will hold “PUBLIC HEARINGS” on the draft rule (CR-102) that are accessible to interested parties throughout the state.
—————————————————————-
IS COUNTY GOVERNMENT INTERESTED?
ARE VESTED SHORELINE PRIVATE PROPERTY OWNERS INTERESTED?

—————————————————————-

HOW INTERESTED PARTIES CAN PARTICIPATE IN THE DECISION TO ADOPT THE NEW RULE AND FORMULATION OF THE PROPOSED RULE BEFORE PUBLICATION:

(List names, addresses, telephone, fax numbers, and e-mail of persons to contact; describe meetings, other exchanges of information, etc.)
Rule Coordinator:
Michelle Wilcox, SEA Program,
WA State Department of Ecology,
PO Box 47600, Olympia, WA 98504-7600.
Phone: 360-407-7676.
E-mail:smarulemaking@ecy.wa.gov.

—————————————————————–
—– Original Message —–
From: Dumar, Laurie (ECY)
To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV
Sent: Wednesday, September 02, 2015 4:56 PM
Subject: Ecology rulemaking filing: Shoreline Management Act

Ecology filed the following rulemaking with the Office of the Code Reviser:

September 2, 2015
Rule preproposal

• Permits for oil or natural gas exploration activities conducted from state marine waters (WAC 173-15)
• Shoreline management act – streams and rivers constituting shorelines of the state (WAC 173-18)
• Shoreline management act – lakes constituting shorelines of the state (WAC 173-20)
• Adoption of designations of shorelands and wetlands associated with shorelines of the state (WAC 173-22)
• State master program approval\amendment procedures and master program guidelines (WAC 173-26)
• Shoreline management permit and enforcement procedures (WAC 173-27)
Thank you for using WAC Track!

________________________________________
Visit us on the web or social media.
Subscribe or Unsubscribe

————————————————–
This is attachment A

RULEMAKING IS NECESSARY TO:

1.CLARIFY THE PROCESS TO COMPLY WITH THE PERIODIC REVIEW REQUIREMENT PER RCW 90.58.080 as the first round of Shoreline Master Program
(SMP) REVIEWS WILL BE DUE TO ECOLOGY JUNE 2019;

2. Simplify the process for approving minor updates to SMPs;

3. Update the list of shorelines of the state to be consistent with the SMP updates;

4. Ensure consistency with amendments to statute since the last rule revision;

5. Capture any administrative updates since the last rule revision;

6. Consider clarifying the planning process for water-dependent uses INCLUDING SALMON NET PENS; AND,

7. Consider including a new section on planning for coastal hazards.
——————————————————————————————
THIS IS A REALLY BIG LAND GRABBER…..
DESIGNATING THE ASSOCIATED SHORELANDS AND WETLANDS

• Adoption of designations of shorelands and wetlands associated with shorelines of the state (WAC 173-22)

——————————————————————————————
Ecology’s full text
Ecology rulemaking filing: Shoreline Management Act
Chapters 173-15, 173-18, 173-20, 173-22, 173-26, 173-27 WAC
Shoreline Management Act (SMA) Rules
PREPROPOSAL STATEMENT OF INQUIRY
CR-101 (June 2004)(Implements RCW 34.05.310)
Do NOT use for expedited rule making
Agency: Department of Ecology AO #15-06
Subject of possible rule making:
Ecology is beginning rulemaking to amend several of the rules related to implementation of the Shoreline Management Act (SMA) RCW 90.58,
SPECIFICALLY:
• Chapter 173-15 WAC -Permits for Oil or Natural Gas Exploration Activities Conducted from State Marine Waters
• Chapter 173-18 WAC -SMA–Streams and Rivers Constituting Shorelines of the State
• Chapter 173-20 WAC -SMA–Lakes Constituting Shorelines of the State
• CHAPTER 173-22 WAC -ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE
• Chapter 173-26 WAC -State Master Program Approval/Amendment Procedures and Master Program Guidelines
• Chapter 173-27 WAC -Shoreline Management Permit and Enforcement Procedures

Statutes authorizing the agency to adopt rules on this subject :RCW 90.58.060 REQUIRES ECOLOGY TO PERIODICALLY REVIEW AND UPDATE WAC 173-26.

The last rule update was in 2011 and focused mostly on GEODUCK AQUACULTURE.

OTHER CHAPTERS ARE BEING INCLUDED IN THE UPDATE TO IMPROVE CLARITY AND CONSISTENCY ACROSS THE RULES.

Reasons why rules on this subject may be needed and what they might accomplish:
This is Attachment A……

Reasons why rules on this subject may be needed and what they might accomplish:
RULEMAKING IS NECESSARY TO:

1.CLARIFY THE PROCESS TO COMPLY WITH THE PERIODIC REVIEW REQUIREMENT PER RCW 90.58.080 as the first round of Shoreline Master Program

(SMP) REVIEWS WILL BE DUE TO ECOLOGY JUNE 2019;

2. Simplify the process for approving minor updates to SMPs;

3. Update the list of shorelines of the state to be consistent with the SMP updates;

4. Ensure consistency with amendments to statute since the last rule revision;

5. Capture any administrative updates since the last rule revision;

6. Consider clarifying the planning process for water-dependent uses INCLUDING SALMON NET PENS; AND,

7. Consider including a new section on planning for coastal hazards.

Reasons why rules on this subject may be needed and what they might accomplish (continued)
Identify OTHER FEDERAL AND STATE AGENCIES THAT REGULATE THIS SUBJECT AND THE PROCESS COORDINATING THE RULE WITH THESE AGENCIES:

Local governments must follow the SMP Guidelines (Chapter 173-26 WAC) when drafting their local shoreline master programs.

The Guidelines translate the broad policies of the Shoreline Management Act (RCW 90.58.020) INTO STANDARDS FOR REGULATION of shoreline uses.

We have already reached out to interested parties such as the
WA Department of Commerce (for Growth Management Act consistency), Washington State Association of Counties (WSAC) and Association of Washington Cities (AWC).

Process for developing new rule (check all that apply):
Negotiated rule making n/a
Pilot rule making n/a
Agency study n/a
OTHER (DESCRIBE)
We will use standard rulemaking.

We will communicate with stakeholders through the agency email lists (WAC Track and program lists), a rulemaking web page, e-mail, and regular mail.

We intend to get feedback and early input from A LOCAL GOVERNMENT SOUNDING BOARD.

WE WILL CONSULT WITH INTERESTED TRIBES.

WE WILL RELEASE A PRELIMINARY DRAFT RULE FOR INFORMAL COMMENT SO WE CAN GET MORE INPUT …..”BEFORE WE PROPOSE A FORMAL DRAFT RULE (CR-102) FOR PUBLIC COMMENT.”

We will hold “PUBLIC HEARINGS” on the draft rule (CR-102) that are accessible to interested parties throughout the state.

HOW INTERESTED PARTIES CAN PARTICIPATE IN THE DECISION TO ADOPT THE NEW RULE AND FORMULATION OF THE PROPOSED RULE BEFORE PUBLICATION:
(List names, addresses, telephone, fax numbers, and e-mail of persons to contact; describe meetings, other exchanges of information, etc.)

Rule Coordinator:
Michelle Wilcox, SEA Program,
WA State Department of Ecology,
PO Box 47600, Olympia, WA 98504-7600.

Phone: 360-407-7676.
E-mail:smarulemaking@ecy.wa.gov.

VISIT THE SEA PROGRAM RULE
web page at http://www.ecy.wa.gov/programs/sea/rules/rulemaking-index.html

Join the Listserv at http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-SHORELINE-RULE
Learn more about Shoreline Master Programs at:
http://www.ecy.wa.gov/programs/sea/shorelines/smp/index.html

DATE 09/01/15 CODE REVISER USE ONLY
NAME (TYPE OR PRINT)
Gordon White
SIGNATURE
TITLE Shorelands and Environmental Assistance Program Manager

Comments are closed.