Status of Floating Homes, House Boats, and House Barges Resolved in Seattle SMP Update

By Scott Price

Jan

22

The Shoreline Master Program is getting updated in many municipalities around Washington state, in accordance with Washington law and Department of Ecology requirements. One of the more controversial and public topics revolved around how to address the floating homes, house boats, and house barges that are primarily centered around Lake Union, Portage Bay, and the Ship Canal. Are they legal? Do they meet SMP requirements for proper use of shoreline resources? Is gray water and black water being properly removed? What are the differences between the three classifications of floating residences in Seattle, and how should each be addressed for any updates to the SMP? These and many other questions were raised.

The local liveaboard community quickly rose to the occasion and gathered support in ensuring that their homes were not threatened. A combination of good intentions and misunderstandings of actual implications were mixed together to form sometimes passionate responses. Local media coverage was extensive, and generally pointed out that these were people’s homes being discussed. The iconic landscape of “Sleepless in Seattle” Lake Union became a romantic rallying point.

Seattle’s Shoreline Master Program was just unanimously passed by the Seattle City Council. In summary, most pre-existing uses for floating homes, house boats, and house barges were grandfathered in and all liveaboard owners can rest easy. Future development is much more restricted, so it makes the existing homes effectively more valuable due to government-limited future supply.

Summary of changes:

  • Floating homes: There is a new registration program and future development standards.
  • House boats / vessels: New clearer standards were enacted regarding the types of permitted vessels, but pre-existing residential uses are grandfathered in as noncomforming uses that can continue plus be repaired/reconstructed as needed.
  • House barges: The 34 pre-approved Seattle house barges can continue on as they are, with the clarification that discharge of gray water must meet the requirements set in 1992 for these homes.

Overall it ended up as a good balance between protecting the property rights and values of existing owners of floating residences while also taking into account more restrictive requirements for future new construction of similar residences that will meet current environmental regulations.

Seattle Lake Union floating homes with sailboat and city skyline

Floating homes on Seattle’s Lake Union


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Seattle Shoreline Master Program Update Approved

By Scott Price

Jan

22

The Seattle City Council approved its long-underway revision to the Shoreline Master Program (SMP). These regulations pertain to buildings, homes, uses, and construction along the city’s waterways.  Any updates can create controversy among competing factions, as was the case this time too.

The Seattle Times summarized changes to the SMP as including “an allowance for building boats for Washington State Ferries, a provision that fueling stations must be for boats only, limits on signs in the shoreline area and restrictions on pesticides and fertilizers”.

I provide a more detailed analysis and update regarding the discussions around houseboats, house barges, and floating homes in a separate post here.

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Supreme Court Rules A Residence That Floats Is A House Not A Vessel

By Scott Price

Jan

15

The Supreme Court decided in a 7-2 ruling that a residence which floats on the water – and which is obviously constructed to serve as a residence – should be treated under the regulations for houses and not vessels. This is important in some scenarios because home owner protection regulations and admiralty law have different levels of protections and uses. Real estate laws are generally considered to be more protective of home owner rights, and they would have helped the defendant in the Supreme Court case had his home been considered a house by local government officials.

The Seattle Floating Homes Association was supportive of the decision. However, this does somewhat “muddy the waters” regarding some of the recent Shoreline Master Program (SMP) discussions regarding which regulations Lake Union’s house boat communities should uphold. House boats are classified as vessels, they have steering and propulsion (though rarely, if ever, use them), and they must abide by Coast Guard regulations. This new ruling puts that definition in a bit of limbo since it could be interpreted to classify these house boats as houses. One important distinction, though: the floating residence situation that initiated the court battle had no propulsion, steering, or rudder. This puts it more in the category of a barge or floating home than a house boat. In Seattle, we actually have three different designations for what many people lump together as “house boats”: floating homes, house boats, and house barges.

Seattle Lake Union floating homes with kayaker

Kayaking by floating homes on Seattle’s Lake Union

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Clyde Hill Lake Washington water view homes dispute ends; precedent setting

By Scott Price

Jan

7

A precedent setting dispute and complicated situation for property rights just came to a close. On one side of the dispute was the owner (a former American League baseball player) of a Clyde Hill home who wanted his view of Lake Washington and Seattle improved by having the trees on his neighbors’ property cut down. On the other side of the dispute were the owners of the adjoining property and trees; they wanted to keep their trees (which had been there long before the other neighbor purchased his home). The unique factor: Clyde Hill has a 1991 view obstruction and tree removal ordinance in place.

The view-desiring neighbors had law on their side. The tree-owning neighbors had property rights and 50 year old pre-existing trees on their side. In the end, law won. However, the view-desiring neighbors had to pay about $63,000 to remove and replace the trees, although a professional appraisal found that the improved view will increase the market value of their $4 million home by $255,000. So, it was a good return on investment for resale, if not for neighbor relations.

In the end, it does demonstrate the value of our area’s gorgeous water views, and what people will do to get it or keep it.

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Burien Shoreline Working Group Continues Negotiations with Department of Ecology

By Scott Price

Sep

17

The five member citizens committee Burien Shoreline Working Group has been negotiating with the Department of Ecology for a couple years now as Burien updates the Burien Shoreline Master Program (SMP). The primary disconnect has regarded setbacks for construction. Many developed communities in Burien have homes fairly close to their bulkheads, and the DOE requirements of 50 feet + 15 foot buffer would have made many lots totally unbuildable.

The group’s proposal is for developed areas along Puget Sound to be split up into zones. In well developed areas along the Sound shoreline, any development within 20 feet of the Ordinary High Water Mark (OHWM) would be significantly limited. Then development within 20-35 feet would be allowed if offsetting benefits were created within the first 20 feet (vegetation, limiting permeable surfaces, etc.). For less developed areas, the same zone restrictions would be moved back to 30 feet and 30-45 feet, respectively.

Existing structures can still be remodeled or even rebuilt on their existing footprints wherever they may be located, and are grandfathered in as “nonconforming”.

The working group said that initial indicators from DOE were amenable to these compromises. It will be interesting to see where this ends up, since it could set precedents for other Sound waterfront communities and their SMPs.

Seattle Burien Three Tree Point waterfront home with Puget Sound view decks

Example of Burien home (WaterHavens listing) with existing near shore footprint enabling expansive and close-up waterfront views

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Burien Rejects Shoreline Master Program

By Scott Price

Jul

2

Burien’s waterfront property owners vociferously expressed concerns about the Department of Ecology’s Shoreline Master Program (SMP), and the Burien City Council correspondingly rejected the Program and sent it back to DOE. The Council said it could agree to most of DOE’s requests, but did not agree with four provisions:

  • Buffers and Setbacks: For new construction or building upgrades, the new 50 foot buffer + 15 foot setback would have made development in many Burien waterfront lots unattainable. Burien responded with their plan to keep the existing 20 foot buffer with no additional setback.
  • Watercraft on Lake Burien: Burien wanted to maintain the ban on watercraft access on Lake Burien from any future public access areas.
  • Rebuilding: DOE wanted to make rebuilding a destroyed waterfront home more restrictive, which Burien disagreed with.
  • Shoreline Variances: DOE wanted to enforce a need for shoreline variances to reduce critical area buffers in geologically hazardous areas and wetlands, which Burien disagreed with.

    • This will be interesting to see how it plays out, since Burien and DOE will now each have to give and take to meet the state mandated requirements of having an update Shoreline Master Program.

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    Private vs State Owned Waterfront Land Boundaries

    By Scott Price

    Apr

    6

    There is a long history in the state of Washington that determines whether or not your particular waterfront property owns its beach out front, especially important on Puget Sound properties with their tidal ranges that can expose large tracts of beach at low tide. Who owns that land? You? The state? It depends.

    The answer can be determined through a title search and a correct parcel map. There are properties throughout the Seattle region that fit into both categories: owning the beach, or not. The actual day to day usage of a beach in front of a waterfront property is frankly usually exactly the same whether the beach is owned or not: people without ownership still expect their beach to be quiet and well taken care of by strolling beach walkers, and most people with owned land let beach walkers go through their beach since the courtesy gets reciprocated and it allows the entire community to enjoy waterfront strolls. There are some famous exceptions, including people trying to (illegally) put fences up that become submerged at high tide, but they tend to be in remoter regions and you don’t see that around Seattle.

    The Department of Natural Resources provides an informative guide to “Boundaries of State-owned Aquatic Lands” that explains many of these concepts, terms, and related waterfront property rights history. Here’s an excerpt from it:

    “Fresh water, such as in lakes or rivers, or marine waters, such as in Puget Sound, are not owned by individuals. Water is managed by the state and protected for the common good. Generally, aquatic lands beneath these waters have been managed that way, too – since statehood.

    On November 11, 1889, at statehood, Washington’s aquatic lands became stateowned lands under the Equal Footing Doctrine, which guaranteed new states of the Union the same rights as the original 13. Washington State, through Article XVII of its constitution, asserted ownership to the “beds and shores of all navigable waters in the state…” so that no one could monopolize the major means of transportation, trade or fishing areas. Some other states gave adjacent upland owners a “riparian” right to build over navigable waters, but Washington chose to be a “nonriparian” state – that is, it did not grant that right. It held that aquatic lands are owned by all the people of the state, not individuals.

    Although owners of lands abutting stateowned aquatic lands did not receive “riparian” rights at statehood, for more than 80 years they could purchase tidelands or shorelands from the state. In 1971, the sale of the state’s aquatic lands was stopped by the state Legislature. Today, virtually all the bedlands of navigable waters are state owned, as are 30 percent of the tidelands and 75 percent of shorelands in the state. Nonnavigable bodies of water are not owned by the state, and are likely to be connected in title to the abutting upland property.”

    Burien Three Tree Point waterfront real estate with Seattle area Puget Sound owned beachfront

    Click picture to see this local Three Tree Point waterfront home that owns its 130' beach


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    Final King County Shoreline Master Program update action

    By Scott Price

    Oct

    27

    Latest update from King County:

    “The King County Council has scheduled final action on the update of the King County Shoreline Master Program for Monday, November 1, 2010. The time of the County Council Meeting has not been announced. County Council agendas are available online at http://mkcclegisearch.kingcounty.gov/custom/king/calendar.htm.

    Public comment on the proposed update closed on October 1, 2010.

    To learn more about the Shoreline Master Program update, visit the King County Council’s webpage at http://www.kingcounty.gov/council/issues/comprehensive_plan.aspx.

    If you have any questions about Council’s review of the Shoreline Master Program, please contact Kendall Moore (206-296-1631) or Rick Bautista (206-296-0329).”

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    King County Shoreline Master Program update

    By Scott Price

    Sep

    24

    Latest news from King County regarding the King County Shoreline Master Program:

    “The King County Council held a public hearing on the proposed update to King County’s Shoreline Master Program, as it passed out of the Council’s Environment and Transportation Committee, on September 20th.Ten members of the public presented testimony to the full County Council.

    Many of those testifying requested additional time to submit written comments to the County Council. The Council Chair responded by extending to October 1 the date for the County Council to receive written comments. Comments can be provided online, by email or by postal mail.

    The public hearing was then closed. The date for final action will be rescheduled. No Council action will be taken on September 27th.

    To learn more, the King County Council has information, including the committee chair’s proposed revisions to the executive proposal for the Shoreline Master Program, available at

    If you have any questions about Council’s review of the Shoreline Master Program, please contact Kendall Moore (206-296-1631) or Rick Bautista (2026-296-0329), of Council staff.

    http://www.kingcounty.gov/council/issues/comprehensive_plan.aspx. A link to testify on line is found at this webpage.”

    Angle Lake Seattle SeaTac waterfront house for sale lakefront view

    Click picture to see the home that has this view


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    New FEMA Building Rules for Flood Insurance Program

    By Scott Price

    Aug

    8

    The Federal Emergency Management Agency (FEMA) has long provided insurance to communities in floodplain areas because private insurance companies have long shunned the potential risks in their portfolio. The government-backed National Flood Insurance Program was recently extended again, and it provides lower cost insurance options to waterfront home owners in certain river, lake, and even Puget Sound areas.

    FEMA has recently been given feedback that their provision of lower cost insurance options to potentially flood prone areas has caused negative environmental impacts in those sensitive riparian areas where building would otherwise not occur if insurance rates were higher and market-driven. Recent focus has been on protected species such as salmon and orca whales, and the interconnected web of shoreline management with their lifecycles and range of habitat.

    In response, FEMA is working on more restrictive building rules for around 122 western Washington communities. This will only directly affect new construction and those interested to get insurance through the program (which can sometimes be required for financing).

    So, as with many things, this can be good or bad depending upon what kind of waterfront property you own. If you own or are looking to buy land to develop, this will be a new consideration. If you already own or are looking to purchase an existing waterfront home, it only makes your property more valuable since future supply of competing waterfront homes is more restricted, and waterfront is a fixed commodity. Your neighborhood will also more likely have continued salmon friendly natural habitat.

    Federal Emergency Management Agency (FEMA) logo

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    FEMA Flood Insurance for Waterfront Properties Seminar

    By Scott Price

    Jul

    9

    The Seminar Group is organizing a day long seminar for those interested in the implications of FEMA’s floodplain re-mapping (that I wrote about back in December). It will be rather technical and oriented to professionals, but for anyone who wants to learn more about the re-mapping and how it may affect insurance, development, or local regulations, you may be interested to attend.

    Here are the details from their seminar announcement:

    “Impacts of FEMA’s Floodplain Re-Mapping: Regulatory Changes & Implications for Local Jurisdictions & Property Owners”
    October 14, 2010
    Grand Hyatt Seattle

    SUMMARY
    Floodplain Mapping: Standards/Methodology; Levee Accreditation; Process/Appeals
    Biological Opinion: What Does it Require and What Does it Mean for Local Jurisdictions and Property Owners?
    Impacts to Local Governments: How are Local Governments Responding to the Mapping and BiOp?
    Recertification of Levees
    Relationships with Other Local Programs
    State Involvements

    AGENDA
    9:00 Introduction and Overview
    Steve Bleifuhs, Program Co-Chair
    Section Mng., DNRP/WLRD, River & Floodplain Management Section
    King County, WA

    Robert Brenner, Program Co-Chair
    Environmental Program Manager
    Port of Tacoma

    Molly Lawrence, Program Co-Chair
    GordonDerr LLP

    9:10 Floodplain Mapping
    • Standards/Methodology; What is Risk MAP and Next Steps
    Ryan Ike, Branch Chief
    Federal Emergency Management Agency

    • Levee Accreditation
    Steve Bleifuhs
    Section Mng., DNRP/WLRD, River & Floodplain Management Section
    King County, WA

    • Process/ Appeals
    Kevin Rogerson, City Attorney
    City of Mount Vernon, WA

    10:45 Break

    11:00 Biological Opinion: What Does it Require and What Does it Mean for Local Jurisdictions and Property Owners?
    • Discussion of Science Behind BiOp
    DeeAnn Kirkpatrick, Invited
    Fisheries Biologist, Washington State Habitat Office
    National Marine Fisheries Service

    • FEMA’s Plan for Implementing the Biological Opinion
    Mark Eberlein
    Regional Environmental Officer
    Federal Emergency Management Agency

    • Background and Substance of Biological Opinion
    Molly Lawrence
    GordonDerr LLP

    12:00 Lunch (on your own)

    1:15 Impacts to Local Governments: How are Local Governments Responding to the Remapping and BiOp?
    Molly Lawrence, Moderator
    GordonDerr LLP

    Patrick B. Anderson, City Attorney
    City of Snoqualmie, WA

    Robert Brenner
    Environmental Program Manager
    Port of Tacoma

    Timothy LaPorte, Dir., Public Works
    City of Kent, WA

    Scott Thomas, City Attorney
    City of Burlington, WA

    2:45 Break

    3:00 Recertification of Levees
    Steps Required to Recertify a Levee once it has Lost Certification
    Harold P. Smelt, PE, Surface Water Mgr.
    Pierce County Public Works and Utilities

    3:45 Relationships with Other Local Programs
    • Relationships with SMA
    • Relationships with GMA
    • Other Local Programs
    Alexander W. “Sandy” Mackie
    Perkins Coie LLP

    4:15 State Involvement
    • Washington State Department of Ecology’s Role Regarding Floodplain Management/Development
    • Potential State Action to Address Impacts of Remapping and BiOp
    Daniel Sokol
    NFIP State Coordinator
    Washington State Department of Ecology

    5:00 Questions and Answers
    Members of the Faculty

    5:15 Adjourn

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    Nude Beach in Seattle?

    By Scott Price

    Jul

    6

    Supporters of an officially sanctioned clothing-optional beach in the Seattle area gained a little bit of momentum recently, although the parks board of commissioners have placed it as a low priority until there’s a clearer sign of broader support within the community.

    There are currently three unofficial nudist beach sites around Seattle located at Magnuson Park, Discovery Park, and the “Secret Beach” of Lake Washington. However, people get asked by police to wear clothing at those beaches from time to time by the beach.
    Maybe if there are more 90 degree days locally they’ll get that broader support! :-)

    Click here for Angle Lake SeaTac Seattle waterfront house for sale, lakefront real estate

    Angle Lake waterfront home for sale close to Seattle (click photo for info)

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    King County Shoreline Master Program Update

    By Scott Price

    Jun

    24

    For those inerested in tracking and provided inputs to the King County Shoreline Master Program Update, here is an announcement from the King County Department of Development and Environmental Services:

    “On Tuesday, June 29 at 6:30 pm, the King County Council’s Environment and Transportation Committee will be holding a public meeting on the King County Executive’s proposed Shoreline Master Program Update. The meeting will be held on Vashon Island at McMurray Middle School. The Committee’s announcement of the meeting is available here.

    Staff from the Departments of Development and Environmental Services and Natural Resources and Parks will be available beginning at 5:30 pm at McMurray Middle School to answer questions about the Executive proposal.

    Information of the Executive Proposal is available here.

    The King County Council has information about the proposed update available here.

    The King County Council’s Environment and Transportation Committee is scheduled to take action on the Executive Proposal at its July 27th meeting. The King County Council will consider the committee’s recommendation in September.”

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    Free Shoreline and Bluff Properties Workshop

    By Scott Price

    May

    9

    For anyone living on the shoreline, and especially on bluff properties, here is an informative workshop that is also free! I participated in a version of this same workshop years ago, and found it helpful. The instructors are knowledgeable about ways to improve bluff stability, reduce erosion, install appropriate plants, deal with drainage, work within complicated permit systems, and more. The first half is indoor instruction, and the second half is outdoors “hands-on” obeservation and recommendations at actual shoreline bluff properties.

    The workshop is offered at three different places and dates: in Normandy Park, Vashon Island, and Discovery Park / Seattle.

    From the workshop announcement:

    Is your marine bluff or beach property eroding or jeopardizing your house? Do you want to manage vegetation to stabilize slopes while maintaining a beautiful view of Puget Sound?

    The King Conservation District invites you to attend a FREE workshop developed for property owners along the marine shorelines of King County. The workshop will provide participants with an opportunity to learn about the ecological, geological, and vegetation management issues associated with owning property Where the Water Begins.

    Topics:

  • Understanding the Ecology of Marine Nearshore and Riparian Ecology
  • Recognizing Coastal Geological Hazards
  • Using Native Vegetation to Reduce Erosion & Improve Fish
    and Wildlife Habitat

    • Who Should Attend:

  • Landowners interested in stable natural marine shorelines
    & in reducing the potential for erosion and landslides
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    FEMA Flood Insurance Maps To Be Redone

    By Scott Price

    Dec

    24

    The Federal Emergency Management Agency (FEMA) announced that its new revisions to flood insurance maps had so many errors in them that they are re-drafting a new set, perhaps to come out again within six months.

    This can affect any waterfront home owner – whether on Puget Sound, a lake, or river – if you want to have flood insurance. Your home may have not been in a designated flood plain, but could potentially go into one now, or even vice versa.

    The issue was primarily raised by city and county officials around the country who saw some aspects of the new maps being too stringent for their development plans, and in some cases completely important topographical details were missed. So FEMA will have their contractor redo all of the maps, and they will be more involved with quality control for this second round.

    Federal Emergency Management Agency logo

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    Puget Sound Restoration Projects Get Federal Funding

    By Scott Price

    Oct

    31

    The Puget Sound Partnership doubled its budget this year with a new large injection of $50 million in federal funding. Separately, $152 million is being received for other Sound related restoration projects. Here is a summary of some of the initiatives that the money will be used for preserving Puget Sound:

    • Determine performance measures
    • Reduce storm water pollution
    • Preserve specific habitats
    • Remove Elwha River dam
    • Build Belfair sewer system for protection of Hood Canal
    • Remove dikes to restore Nisqually estuary habitat

    Puget Sound Partnership logo

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    Seattle Landslide Prevention Workshops

    By Scott Price

    Oct

    30

    Some of our waterfront communities are perched at the edge of steep slopes formed long ago by grinding glaciers and since then by gradual wave and rain erosion. The result is spectacular views hovering over the water. The downside is that without proper care of your property’s drainage and storm water runoff there can potentially be a landslide in some areas.

    There are many resources for waterfront bluff owners that explain how to protect their gorgeous investments, including resources I have collected together for you at my WaterHavens geotechnical resources page.

    In November the Seattle Department of Planning and Development is providing two free meetings that will go over strategies for maintaining landslide-prone properties. They may be well worth your time if that applies to your property.

    • November 7th 10:00am to noon at South Seattle Community College’s Judge Warren and Nobie Chan Education Center (6000 16th Ave SW, Seattle)
    • November 21st 10:00am to noon at the Northgate Community Center (10510 Fifth Ave NE, Seattle)

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    King County Shoreline Management Program Final Public Input

    By Scott Price

    Oct

    14

    The third and final round of public input periods to the King County Shoreline Management Program is happening now. If you live on or near the Sound, a lake, river, or even some wetlands, then this can apply to you and your property.

    You can review the draft and also attend upcoming public open house meetings in Carnation (October 16th) and Covington (October 23rd). Public inputs will be accepted until Friday November 14th, via the meetings, email, or mail.

    This will be the final opportunity for public input before the completed program is submitted to the King County Council in December.

    King County watersheds map

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    FEMA Insurance For Waterfront Properties Potentially Discontinued

    By Scott Price

    Oct

    5

    Interesting set of recent events from the National Marine Fisheries Service: Since development near bodies of water can adversely affect salmon population – and salmon populations are important for the web of life food chain to endangered orcas – they have determined that the federal flood insurance program currently available through the Federal Emergency Management Agency (FEMA) is illegal. Both salmon and orcas are protected under the Endangered Species Act.

    National Marine Fisheries Service NMFS logo
    Federal Emergency Management Agency FEMA logo
    This affects future development for any properties determined to be within flood plains, and it can also affect current owners seeking this type of ongoing insurance. In many cases, getting flood insurance in flood plains is difficult and expensive without having the FEMA program to rely upon. New development may be cost prohibitive and current owners may be left without viable insurance options.

    For more information, see this article in the Seattle PI. The reporter covers the usual areas that people think of as a “flood plain”: areas near rivers that can crest and flood at times of heavy flow. However, the article does not talk about the many other areas that can be considered flood plains. Even Puget Sound waterfront can be considered flood plains due to tidal/storm surges, and lake shores can rise and flood as well. The frequency of both is very low in comparison to rivers, but nonetheless official classifications and flood plain maps do exist for these areas. Both future development and existing properties along many other bodies of water than rivers could definitely be affected.

    Next steps will reside with FEMA to create development requirements that will be more compatible with salmon populations, and this may allow for the resumption of the FEMA flood insurance program around the Puget Sound area. However these kinds of programs and development compromises can take quite a long time to develop, so it will be interesting to track the effects from this on local waterfront properties.

    If anything, it makes existing waterfront homes more valuable since development options for new waterfront properties are further restricted. Relatively few waterfront home owners (especially on the Sound and lakes) actually purchase the FEMA insurance, so the downsides of lacking the insurance will likely be negligible except for cases where such insurance may be a requirement of a buyer obtaining financing.

    We’ll see what happens…

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    Community funds available for waterfront projects

    By Scott Price

    Apr

    25

    King County has a Grant Exchange Program that brings together different local grant and technical assistance projects to protect watersheds and shoreline habitats. If your community has an idea for an applicable project, you can apply for up to $50,000 in assistance as well as implementation support.

    The programs primarily target the following: watershed protection, habitat restoration, reforestation, salmon conservation, and natural resource stewardship. The Grant Exchange is described as a clearinghouse of grant and technical assistance programs offered by the King County Department of Natural Resources and Parks with the goals of protecting and enhancing the environment, increasing community stewardship, and providing expertise and consultation to projects.

    Last year King County awarded 69 stewardship grants totaling over $1 Million, and this amount leveraged the addition of another $2.4 Million to the grantees.

    Deadline for applications is May 15th. Contact Ken Pritchard at 206-296-8265 for more info.

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    King County Shoreline Master Program to be Updated

    By Scott Price

    Feb

    9

    The state Department of Ecology has mandated that King County update its Shoreline Master Program by 2009, part of a review and overhaul of the over 30 year old Shoreline Master Program throughout the state. This update could have potential ramifications for waterfront properties, although it is generally expected that the recent regulations brought on by the King County Critical Areas Ordinance will already cover most updates that would be deemed necessary. King County has also taken a lesson from the sometimes controversial and contentious process that resulted from the Critical Areas Ordinance’s implementation, this time rolling out the process and drafts in a slower fashion with public inputs encouraged at each step. The Shoreline Master Program and CAO have the interests of the environment and larger community in mind, while sometimes these regulations may clash with the property rights interests of owners along shorelines who prefer more leeway in what they can do with their property.

    The Shoreline Management Act applies to marine shorelines, rivers with a flow greater than 20 cubic feet per second, lakes larger than 20 acres, upland areas within 200 feet of these water bodies, floodplains, and wetlands associated with these shorelines. The act covers land use, public access, archaeological / historical resources, and ecology.

    King County has recently distributed a draft map of areas where the Shoreline Master Program updates may apply. County representatives are also holding four public input meetings, two of which occurred last week in Carnation and Enumclaw. The next two are on Tuesday February 13 5:30-8:30 pm in Maple Valley and Thursday February 15 5:30-8:30 pm on Vashon Island. Public comments are also being accepted by mail, email, phone, or at the meetings.

    The projected timeline for the next steps in the process includes a draft of the revised county plan for this June, a second updated draft in the fall, and a final version for presentation to the King County Council in March 2008. DOE requires that the county have a finalized plan completed and submitted by December 2009.

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    Burien Puget Sound Shoreline Properties Survey

    By Scott Price

    Feb

    6

    This week engineers and surveyors will be walking the beaches of Burien home owners to produce a “Base Flood Elevation Study” for determining normal water levels and to pinpoint potential flood hazard areas. They will be taking photographs, measuring bulkheads, and surveying aspects of the shoreline, but will not trespass onto upland property without owner permission first.

    Most people think of rivers, reservoirs, and lakes for flooding, but large tidal water bodies can also be considered potential flood zones when storms occur (usually if timed with high tides) that raise the water level onto surrounding properties. The Federal Emergency Management Agency (FEMA) establishes maps to show base flood elevations along the shorelines, and these can affect home owners who have or want to obtain flood insurance since the rates will be at least partly based on the flooding potential as described in these maps.

    The study will be completed in April and made available to all local residents after FEMA approves the results. The study will be made available at Burien City Hall, and it will also be posted on the Burien city website.

    For additional information you can contact Project Planner Morgan Wilson at 253-209-4746 or Burien Building Official Lee Bailey at 206-248-5523.

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    Public Perception of Puget Sound’s Health

    By Scott Price

    Dec

    23

    Public understanding of the need to protect the beauty and physical integrity of Puget Sound has gained ground, though the understanding that it already needs to be cleaned up for its (and our) long term health is less understood. It looks beautiful, so how can it be “dirty” or have pollution in it, some may say?

    This increased awareness has occurred through efforts over the past year such as the Seattle PI’s investigative series “The Sound of Broken Promises” plus some initial notoriety and public outreach from the governor’s Puget Sound Partnership panel. People for Puget Sound and Puget Soundkeepers Alliance has performed a very important ongoing role for years, though their efforts have resulted more in maintenance of awareness levels (especially among those already interested, and some in the media) than significantly increasing awareness levels among the general public in large numbers. This new mass media coverage and big government focus will help these organizations expand their influence.

    The recent Elway Poll regarding Washington state residents’ perceptions about the health of Puget Sound – and what they are willing to do to improve its health – was interesting if not surprising. There was a large divide of support depending upon proximity to the Sound itself, with increased willingness to make legislative changes (and pay for them) on the west side of the Cascades than on the east side. Of course. The real test is when changes affect people’s pocketbooks and their own back yards.

    The most cost effective and timely changes may not be changes at all, except in execution. An important first step may just be tightening up on existing policies and regulations already in place or under consideration. This responsibility resides with the Department of Ecology and the Environmental Protection Agency, and I expect to hear more recommendations along those lines from the Puget Sound Partnership in the future. More than that will be needed, but it’s a first step that can move in parallel while others are being diplomatically crafted through the halls of politics and public opinion.

    As a waterfront home owner, you can contribute in your own way and feel good about protecting your “front yard” (all that water out in front there). Increase filtering vegetation at your bulkhead, decrease paved surfaces and rain water run-off into your sound or lake, eliminate fertilizers and pesticides in your yard, and take a little bag or bucket with you next time you walk the beach to pick up just a few easy items of plastic and trash.

    Sea kayaker in Puget Sound by Normandy Park

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    Christmas Ships, Land Use Regulations, News, Market

    By Scott Price

    Dec

    1

    Have you checked out the Christmas Ships around Lake Washington, Lake Union, and the Sound this year? Definitely worth a look, especially the December 23rd finale with the Best Decorated Boat Contest at Gasworks Park on Lake Union. Come bundle up and watch the festive sights at the different locations. It’s a great way to enjoy your WaterHaven, or visit someone else’s!

    In local waterfront news, proposed land use regulations still dominate the talk among local rural WaterHaven owners. Both the Critical Areas Ordinance and a new ruling related to federal flood insurance / salmon protection have stirred up the debate something fierce. Petition drives and court cases are underway opposing restrictions on property usage, while other local organizations are educating people about environmental and community benefits. This should be interesting to watch…

    Also, a team of divers discovered a World War II era fighter plane in the bottom of Lake Washington; certainly a more intriguing find than the usual array of old anchors and lawn furniture. If you haven’t mustered the time or courage to take up diving around our waterways, I highly recommend it. The lakes can be interesting, but the life teeming along the shores of the Sound are especially fascinating and world class. Yes it’s rather cold, but modern wetsuits or – even better – drysuits can keep you warm enough for your short explorations into inner space. Check out the Activities section of WaterHavens.com for a listing of local scuba clubs to get you started.

    Unlike normal holiday trends, the real estate market is still very active right now. Last month saw new highs, available inventory has declined 18% from last year, and there are more buyers than sellers out there. Accordingly, prices have risen and time on market has declined. Some of the better priced properties are still moving very fast. For the November general King County market, the average residential closed sales price was $399,464 (as compared to $368,496 for November 2003) and the average condo sales price was $238,508 ($223,735 for November 2003). Average time on market has shortened from 61 days to 49 days.

    In the WaterHavens waterfront market, house sales ranged from a Federal Way walk-down home on the Sound for $299,950 to a Mercer Island Lake Washington home for $5,250,000, condo sales ranged from $145,000 for a Redmond condo on Lake Sammamish to a Kirkland Lake Washington condo for $900,000, and floating home sales ranged from $135,000 to $1,135,000. Waterfront and water view inventory is down across the board, but that is usual for this time of year and is amplified by the still hot market plus excellent interest rates. There are currently 216 waterfront WaterHavens available in our local area, and even more water view and water access WaterHavens.

    Enjoy a WaterHaven! Our waterfront and waterview is the best in the world.

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