Shoreline Management Act of 1971
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Transcript Shoreline Management Act of 1971
The Legal Implications of
Sea Level Rise
The Washington Climate Change Impacts Assessment Conference
Erin Crisman-Glass
Attorney at Law
Conference Presentation: Jessica Levin
Photos: courtesy of Hugh Shipman
The Legal Landscape Along
Washington’s Shorelines
Federal, State, and Local Laws
Governing Legal Principles
Coastal Zone Management Act & Shoreline Management Act (SMA)
Hydraulics Project Approval law
State Environmental Policy Act
Floodplain Management Act
Unconstitutional Takings
Substantive Due Process
Law of Accretion & Erosion
Public Trust Doctrine
Possible Adaptations & Policy Decisions
Retreat
Rolling Easements
The Shoreline Management Act of 1971
Where does the SMA apply?
Shoreline Management Act
Policies
Foster reasonable and appropriate uses of shorelines
Protect shoreline natural resources and ecological
function
Promote public access
Shoreline Management Act
Implementation—A Cooperative Approach
Local Governments
Department of Ecology
Shoreline Master Programs
Shoreline Master Program Guidelines
What do SMPs do?
Shoreline Management Act
Permit Process
Substantial Development Permit
Conditional Use Permit
Variance
Exemptions
Maintenance & repair
Single-family residences
Emergencies
Bulkhead construction to protect single-family residences
SMA: Possible Responses to Sea Level Rise
Shoreline Master Program Guidelines update–
every 7 years
Environmental designations
Cumulative impact of exemptions, particularly
single-family residence exception
Increased training at local level
“No net loss” of ecological function
The Hydraulic Code
Fish and Shellfish Resources
Hydraulic Code
Purpose: protect fish & shellfish resources
Permit requirement
Any construction activity affecting flow of salt or
fresh water
Exemptions
Single-family residences
Hydraulic Code
Responses to Sea Level Rise
Department of Fish & Wildlife: authority to create
buffers?
Consider cumulative impacts
Reconsider exemptions for single-family residences
State Environmental Policy Act
Agency Consideration of Environmental Consequences
State Environmental Policy Act
Purpose: consider likely environmental
consequences
Categorical exemptions
Residential structure of four units or less
SEPA review
SEPA-related responses to sea level rise
Climate Action Team’s SEPA work group
Floodplain Management Act
Floodplain Management Act
Mandate of the National Flood Insurance
Program
Implementation
Department of Ecology
Local governments
Response to sea level rise
Importance of floodplain maps
Relevant Legal Doctrines
Challenges to Land Use Regulations
Takings
Per se taking
Just compensation
Substantive Due Process
Is the government exercising its police power in an
arbitrary or unreasonable manner?
Relevant Legal Doctrines
Existing Norms in the Common Law
Common law of erosion and accretion
Loss of title
Public Trust Doctrine
Waters of the state are a public resource
Under-utilized?
Policy Options
Possible Legislative Responses
Rolling Easements
Statewide Policy of Retreat
Hybrid approach?
Image taken from EPA: http://www.epa.gov/climatechange/effects/images/easement.jpg
End