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Working with CAOs during SMP updates Draft Policy Guidance July 19, 2007. Matt Niles Shorelands and Environmental Assistance (SEA) Program. Where we’re at. Initial draft developed and sent to external review panel for review Comments received and incorporated into draft

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Presentation Transcript
slide1

Working with CAOs during SMP updates

Draft Policy Guidance

July 19, 2007

Matt Niles

Shorelands and Environmental Assistance (SEA) Program

where we re at
Where we’re at
  • Initial draft developed and sent to external review panel for review
  • Comments received and incorporated into draft
  • Final draft being finalized internally
  • Will be incorporated into SMP Handbook update, Ecology website
topics covered
Topics covered
  • CAO integration options
  • CAO/SMP jurisdiction transfer timing
  • “Equal protection” requirement
  • Critical areas not addressed by SMA/Guidelines (CARAs)
  • Jurisdiction issues
  • GMA/Guidelines science standards
  • Additional sources of guidance/info
cao integration options
CAO integration options
  • Basic guidance:
  • Three basic integration options:
    • Stand-alone SMP
    • Incorporate parts of CAO by reference
    • Incorporate SMP into existing plans and regs
  • Pros, cons, examples of each option
  • Talk to Ecology early about integration approach, ideally during CAO update process
  • Comments:
  • Need more/better examples of each scenario
  • More citations of SMA/WAC authority
cao smp jurisdiction transfer timing
CAO/SMP jurisdiction transfer timing

Basic guidance:

When Ecology approves a comprehensive SMP update, CAO no longer applies

Transfer happens upon adoption of SMP, regardless of whether CAO was integrated or not

Comments:

Better explanation of the “dual-coverage” issue (see jurisdiction section)

equal protection requirement
“Equal protection” requirement

Basic guidance:

Because the CAO goes away, SMP must provide equal protection to critical areas within shorelines

SMP standards do NOT need to be numerically identical, just functionally equal

Comments :

Need more/better examples of what IS and what IS NOT equal

Explain HOW to demonstrate equivalency

critical areas not addressed by sma guidelines caras
Critical areas not addressed by SMA/Guidelines (CARAs)

Basic guidance:

Because the CAO goes away, and because the SMP needs to provide equal protection, CAO provisions for “non-SMA” CAs must be transferred to SMP

Comments:

Is that really what the GMA/SMA say about those CAs?

jurisdiction issues
Jurisdiction issues

Basic guidance:

SMA jurisdiction may be extended to include CAs and buffers

Wetlands partially in = totally in

Other CAs: potential split coverage of CA between SMP/CAO

Graphic illustrating basic scenario

Comments:

Need more/better examples of each scenario, especially re: floodplains and non-wetland CAs

More/better graphics showing each scenario

gma guidelines science standards
GMA/Guidelines science standards

Basic guidance:

If integrating CAO, needs to meet Guidelines science standard

If CAO science outdated, needs to be brought up to Guidelines standard before SMP can be approved

BAS at time of CAO adoption not necessarily good enough

Talk to Ecology early in CAO process to verify adequacy of CAO science for SMP purposes

Comments:

Need more/better examples of each scenario

More citations of SMA/WAC authority

additional sources of guidance info
Additional sources of guidance/info

Links to additional information:

Questions and Answers on ESHB 1933: Critical area protection under the Growth Management Act and Shoreline Management Act

Shoreline Management Act

Growth Management Act

SMP Guidelines

Ecology working with CTED to include Guidance in CA Assistance Handbook

next steps
Next Steps

Finalize draft

Post on web

Incorporate into SMP Handbook update

questions comments
Questions/Comments

Send questions, comments, suggestions, sample language, or ideas to:

Matt Niles

360.407.7469

mnil461@ecy.wa.gov