[Capr-announce] FW: ACTION ALERT: URGE STATE SENATORS TO PASSPROTECTION OF SHORELINE USES

Fri Feb 19 19:48:35 PST 2010

Jeff

I have been doing some work on this issue and am sure willing to do more.
Below is my E-letter to our group of rural landowners in Snohomish County.
I would gladly put some time in as I am sure that a lot of CAPR members will
be adversely affected also.  I imagine most are Rural Landowners.  The first
thing we can do is get your membership notified.  That does not take much
work; feel free to edit and send the below email that at least warns
landowners of what is in the brew.

Thank you 

Rural Landowners

You are getting this "E-letter" as someone who owns rural land or works with
people that own rural land.

My name is Merle Ash and I am sending this "E-letter" to help you stay
informed about regulations that affect the value of your land.  I am a rural
landowner and have worked in Land Use for several decades.  In nearly 40
years of working in land use, I have not seen such a flurry of rulemaking
that so affects our rural land values.  These regulations are restricting
the use of your land while diminishing its value.  Actions are being taken
that diminish our land value while at the same time our property taxes are
increasing.  

This is intended to be a non-political letter providing you with information
on pending or existing rules and regulations that adversely affect the use
and value of your land.  We are not affiliated with any political group or
do we have any specific agendas, our commonality is that we have interest in
rural land.  This is solely about rural landowners staying informed on new
rules and regulations that will affect the use and value of their land. 

The First "ALERT": Metered Wells, Restricted Use of Wells, and Moratoriums
on new wells.

The Washington State Department of Ecology (DOE) is trying to shut down and
limit the use of Private Wells.  They have put a total moratorium on
drilling new wells and even the use of existing wells installed since 2007
in Kittitas County.    Some new land buyers were building homes in Kittitas
with approved building permits and wells already drilled; they were stopped
from using these wells and occupying their homes.  That would be a
devastating experience; they say Snohomish County is next. 

The DOE has recently notified Snohomish and Skagit County that there will
likely be a closure of "Carpenter-Fisher Creek Basins to new Water Uses".  A
moratorium is expected soon and will affect land in Snohomish County north
of 310th St NE between Lake Ketchum and 12th Ave NW. Without water, land
values will plummet.  Maps and rules can be seen at www.skagitcounty.net
<http://www.skagitcounty.net/> .  If you own land in the north county you
need to check this map.  From conversations with the Ground Water
Association and staff at the DOE, those that live in the Stillaguamish River
Watershed can expect to be the next target for water withdrawal
restrictions.

Please take note when viewing the DOE website or talking to someone from the
DOE that they are passing out information that tends to minimize the impacts
to landowners so as not to create opposition.  The strategy is that the
uninformed or unaffected create no opposition.  I spent a day in Olympia
last week with the Groundwater Association talking personally to our local
Senators and Representatives; most have painted a very bleak picture for the
future of Private Wells.  DOE fully intends to do you harm if you rely on
Private Wells to service your land or home.        

While Kittitas and North Snohomish County lands are affected now, others
areas will soon be targeted for moratoriums.  An underlying agenda, as
expressed by several of our state representatives, is that DOE would like to
put meters on your well(s) (including existing) with 300 to 500 gallons per
day limits on withdrawal (to follow metering will likely be taxes on use).
Without access to water land values will be marginalized.  Not only will
homes be excluded but so will livestock or any farming that requires
irrigation.  The Stockman's Association was in Olympia the same day I was,
as the DOE was threatening to shut off water to their livestock. 

The DOE excuse for stopping Private Wells is protecting "In-Stream Flows".
To protect Salmon there needs to be certain flows in waterways.  Per the
Groundwater Association, there has been no supporting science that Wells and
Septic Systems remove significant amounts of water from the Drainage Basins.
Water pumped out of the ground by a private well is typically put back in
the ground through the Septic System.  More water is lost to In-Stream Flows
with large urban systems intercepting water in the mountains (like Spada
Lake) and "mainlining" it past the streams and rivers through the cities
sewer systems and directly into the sound.  Public Water Systems removes
millions of gallons of water from its drainage basin but the DOE promotes
this use.   DOE has not produced credible science supporting their claim
that water withdrawals from Private Wells seriously impact streams and
rivers. 

This Private Well issue could be the single biggest impact to rural land
value to date.  You need to let your legislators know about your concerns.
Specific contact information to legislators will be coming in later
E-Letters, meanwhile call me if you want that information.
http://apps.leg.wa.gov/DistrictFinder/Default.aspx will take you to a map
identifying your Senator and Representative.  House Bill (HB) 2548 and
Senate Bill (SB) 6536 are bills if passed would simply require DOE to
provide credible science before shutting down watersheds to the use of
Private Wells.  Please tell your legislators to support these bills.

Coming Topics:

1.                         Critical Area Impacts and extra-ordinary buffers
that seriously impact your land use and value-you do not own what you think
you own. 

2.                         How to manage your land to minimize critical area
formation and resultant losses 

3.                         Excessive Property Tax Assessments due to over
appraisal.  How I got my Property Taxes reduced nearly 50% 

4.                         Forest Practice Rules that impact the small
Forester.    

5.                         Shoreline Management updates and how they affect
agricultural landowners. 

6.                         Farm Ditches being designated as "Bull Trout"
streams with Endangered Species buffers.  Your land is not "Your Land".  

7.                         Clearing Ordinances (to be called "Land
Disturbing Activities") will require permits for any clearing in excess of
7000 sf. 

8.                         Growth Management Act (GMA) and land use zoning
versus Comprehensive Plan designations and how it affects the use or rural
land. 

9.                         Rainwater Harvesting.

10.                     Hidden Values in your Rural Land.

PLEASE SHARE THIS INFORMATION WITH FRIENDS, NEIGHBORS, OR FAMILY MEMBERS
THAT HAVE AN INTEREST IN RURAL LAND.  IT IS IMPORTANT WE STAY INFORMED ABOUT
ACTIONS THAT AFFECT THE USE OF VALUE OF OUR LAND.  LEGISTLATORS OFTEN COUNT
ON YOUR COMPLACENCY WHEN PASSING RESTRICTIVE LAND USE REGULATIONS 

As a group, we can have an effective voice in protecting our rights to the
use of our land and the value in that land.  Separately, we are ignored. 

Please do not hesitate to contact me if you have any questions, concerns, or
are interested in more details. 

Merle Ash

Land Technologies Inc

18820 3rd Ave NE

Arlington WA 98223

360-652-9727

landtech at cedarcomm.com

  _____  

From: Jeff Wright [mailto:darcors at comcast.net] 
Sent: Friday, February 19, 2010 3:33 PM
To: 'Landtech'; 'Capr Announce'
Cc: 'Bob Clark'
Subject: RE: [Capr-announce] FW: ACTION ALERT: URGE STATE SENATORS TO
PASSPROTECTION OF SHORELINE USES

Merle,

The CAPR Board agrees that DOE's theft of water rights is huge issue.  In
fact it is one of many situations that deserve attention.  Unfortunately, as
an all volunteer organization, we can't always be everywhere we need to be.
That is one of the reasons we went through a chapter building phase last
year.  It is important to have local people working on issues with help from
the Executive Board.  For instance, the Legal Fund is planning to challenge
the new Jefferson Co. Shorelines Management Plan.  However, that effort is
being spearheaded by the Jefferson Co. Chapter with assistance from the
Board.  Since this is an important issue to you, consider leading the charge
on water moratorium issues.  We can help facilitate that until we can do
more.

Right now, the Board spends much of its time on organizational issues,
including fund raising.  It is grunt work, but it needs to be done.  We need
paid staff so that more of us can be out in front of the issues doing the
"hero" work.  But until that happens, we continue to wear multiple hats.

Jeff  

  _____  

From: Landtech [mailto:landtech at cedarcomm.com] 
Sent: Friday, February 19, 2010 5:57 AM
To: 'Jeff Wright'; 'Capr Announce'
Cc: Bob Clark
Subject: RE: [Capr-announce] FW: ACTION ALERT: URGE STATE SENATORS TO
PASSPROTECTION OF SHORELINE USES

Jeff

Why does CAPR seem to ignore the DOE's "turning off the water" to rural
land?  New well starts have been stopped in numerous areas besides Kittitas
County.  We now have a Moratorium in north Snohomish County and south
Skagit.  No water to your land has serious impacts on its value.  When I
went to Olympia with the Groundwater Association a few weeks ago, the
Stockman's Association was there for the same reason; water was being shut
off to their livestock.

Wells are not the cause of depleted "in-stream" flows, city water piped
straight from the mountains to the sound through the urban urinals does more
harm than a private well.  The well, for the most part, takes water that has
already missed the stream and puts it back in the ground in the same basin
it came from.

I am kind of dismayed that CAPR has said or is doing nothing about this
private well issue; it has far more potential for serious harm to rural
landowners than even the Shoreline issue.

Merle Ash

Land Technologies Inc

18820 3rd Ave NE

Arlington WA 98223

360-652-9727

landtech at cedarcomm.com

  _____  

From: capr-announce-bounces+landtech=cedarcomm.com at lists.celestial.com
[mailto:capr-announce-bounces+landtech=cedarcomm.com at lists.celestial.com] On
Behalf Of Jeff Wright
Sent: Thursday, February 18, 2010 10:17 PM
To: 'Capr Announce'
Subject: [Capr-announce] FW: ACTION ALERT: URGE STATE SENATORS TO
PASSPROTECTION OF SHORELINE USES

To CAPR Supporters,

One of the largest property rights fights happening in Washington currently
has to do with required local updates of Shorelines Management Plans.  The
Washington House of Representatives has passed Engrossed House Bill 1653.
While not perfect, this bill would provide near term protection for
shoreline property uses and provide protection from the Department of
Ecology's "Interim Guidance" to local governments.  Please see the message
below from the Farm Bureau for more information.  This bill is now before
the Senate and deserves our support.  Please contact your senators with the
simple message "Support Engrossed House Bill 1653".  You don't need to write
more than that.  You can find contact information for your senators at
http://apps.leg.wa.gov/DistrictFinder/Default.aspx .  It's quick and easy.

This is an important issue even for those of us who don't own shoreline
property.  Please take a few minutes now to support property rights against
those who will take them from us!

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ACTION ALERT: URGE STATE SENATORS TO PASS PROTECTION OF SHORELINE USES  

REVISED Bill Provides Protection from Ecology's Interim Guidance

HB 1653 has been REVISED to include language that protects existing uses and
activities in shoreline areas. The bill is now known as ENGROSSED House Bill
1653.

The bill must be passed to provide protection from critical area ordinances
interfering with legally existing uses and structures.

The old bill has been struck - it is gone.  What we have now is a negotiated
replacement that protects legally existing uses and activities and even
provides a path to modify or redevelop those legally existing uses and
activities. New uses and structures are not prohibited by the legislation.

Please contact your state Senator and ask him or her to vote to PASS
ENGROSSED House Bill 1653 as amended and passed by the House.

<http://r20.rs6.net/tn.jsp?et=1103064570073&s=714&e=001YnXTWaRHeiExhhyzQ-O0J
heYckdUR4KhmJChPyobbl_QwcHWqVV1pwtXvv6JUpyLZTNvUuWYfrHhG78kO9_Ls836afK3VHe1l
VoqDvnXIn-obSpExK4wZNEII9bfB3wNVDBtv7j1QnEK3r14VdpqLQ==> Go to Washington
Farm Bureau's Action Center to send a message today.

Background:

The Dept. of Ecology recently issued "guidance" to local governments that
they have the option to reach into shoreline jurisdiction with their
critical areas ordinances until the time that their shoreline master
programs (SMP) are updated and approved by Ecology.

The Attorney General then issued an opinion saying that Ecology has the
authority to issue that guidance.  The AG reasoned that a 4-1-4 Supreme
Court ruling, followed by two Court of Appeals cases that appear to be in
conflict, left the situation unclear and that the guidance was acceptable.

There is no dispute that there will be distinct authority between the SMA
(shoreline management act) and GMA (growth management act) once the local
government SMP is updated and approved. The approval of the SMP by Ecology
is a function of existing law.

Some counties are already there, having recently updated their SMPs.

In the past, local governments have adopted regulations and buffers that
have left existing uses and activities as "nonconforming" uses.  That
designation immediately damages the use and value of the property.

If your "nonconforming" building burns down, you can't replace it. If you
change your "nonconforming" use, you might lose the ability to have any use
at all. And you certainly could not make significant modifications or
redevelopments of those "nonconforming" uses.

The bottom line is this: The Ecology guidance, backed by the Attorney
General Opinion, has left property owners unprotected from local governments
that would choose to regulate in the shoreline areas via their critical
areas ordinances (GMA).

WE CANNOT ALLOW THIS TO HAPPEN!  That's why we must PASS ENGROSSED House
Bill 1653 as amended and passed by the House.

Washington Farm Bureau, Washington Association of Realtors, the Association
of Washington Business and others who believe in property rights and
protecting business have negotiated language that protects existing uses and
activities from these interim ordinances.  Here is the language:

(c)(i) Until the department of ecology approves a master program or segment
of a master program as provided in (b) of this subsection, a use or
structure legally located within shorelines of the state that was
established or vested on or before the effective date of the local
government's development regulations to protect critical areas may continue
as a conforming use and may be redeveloped or modified if:

(A) The redevelopment or modification is consistent with the local
government's master program; and (B) the local government determines that
the proposed redevelopment or modification will result in no net loss of
shoreline ecological functions. The local government may waive this
requirement if the redevelopment or modification is consistent with the
master program and the local government's development regulations to protect
critical areas.

(ii) For purposes of this subsection (3)(c), an agricultural activity that
does not expand the area being used for the agricultural activity is not a
redevelopment or modification. "Agricultural activity," as used in this
subsection (3)(c), has the same meaning as defined in RCW 90.58.065.

This language not only protects legally existing uses and activities, but
allows an option to modify or redevelop those uses and activities.  

Neither of those protections exists for property owners if Engrossed HB 1653
AS PASSED BY THE HOUSE does not pass the Senate.

Many people have reacted to the language in the original HB 1653 (and SB
5726).

Those bills are dead, in part because Washington Farm Bureau, the Realtors,
and AWB led the charge to kill those bills in 2009.  The language in those
bills was totally unacceptable - that's why the striking amendment was
adopted this year by the House.

A striking amendment REPLACES the previous bill.  It reads: "Strike
everything after the enacting clause and insert the following..."

That's what we did! We "struck" the bad bill and replaced it with something
that protects the right of use, the value, and the ability to modify,
legally existing uses and activities on private property in the shoreline
areas.

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