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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    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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    Newport Shores Coal Creek Salmon Habitat Ruling

    By Scott Price

    Apr

    11

    The previously reported battle between the city of Bellevue versus a resident of Newport Shores and his community association came to a legal head recently when a federal judge ruled against the resident and Newport Shores / Newport Yacht Club.

    At issue was whether or not Bellevue met its obligations in managing stormwater runoff and sediment issues in Coal Creek, and also whether or not the resident created improper salmon habitat enhancement, all of which was part of a prior settlement. Bellevue was found to have met its obligations and the resident was found to have not created an actual salmon habitat enhancement on their property as specified, but instead to have effectively created a small salmon hatchery for introducing new fish into the creek.

    And the battle continues on: The resident has been prevented from moving into his home for a long time now; he still needs to figure out how he can legally occupy his newly built – but never lived in – home. The city plans to file for reimbursement of their attorney fees. No winners in that protracted battle!

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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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    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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    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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