[WSBARP] Waterfront home & Shoreline Management Act question

[Wheeler, Doug]

I have dealt with the SMA in Pierce County on our personal property, so I can offer a few comments (which I assume will be applicable in King County).

The 200 foot setback that you mention probably was adopted after the house and improvements were built.  The Department of Ecology made a big push starting in around 2008 to get all Counties to update their local SMA codes to increase setbacks (among other things).  Therefore, the existing improvements should be grandfathered under the codes in effect when the improvements were constructed.

Any new construction within the shoreline setback would have to comply with current codes (and likely will require approvals/variances/etc. from the State and County (and the Feds if navigable waters).

However, in my experience, existing improvements can be repaired and replaced as long as replacements do not exceed existing footprints.  For example, a house with dimensions of 40' x 50' could be rebuilt within that 40' x 50' footprint, but no larger.  I do not believe that there would be any restriction on the height of the new structure, except for height restrictions applicable under the current zoning code (for example, a one-story house could be rebuilt as a two-story house as long as the house does not exceed the current height limitations in that zone).

The dock would be subject similar constraints.  It is probably grandfathered, and probably cannot be enlarged, but probably can be maintained without triggering new SMA requirements.  If the dock is repaired, the repairs may trigger daylighting requirements (requiring that portions over the water be replaced with a walking surface that lets light reach the water beneath it).  However, if the dock is ever demolished, it may be almost impossible to replace.  I would rigorously keep it in good repair.

If the septic system is within the now applicable shoreline setback, that could create problems if the existing system fails.  I have not had to deal with that so I can't really comment except that I would rigorously maintain it.

I am not aware of any restrictions on vegetation due to the SMA.

Doug Wheeler
General Counsel
Vacation Internationale, Inc.
(425) 454-3065 (Ext 1208)
(206) 356-8350 (Cell)
DWheeler at VIResorts.com<mailto:DWheeler at VIResorts.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marc Holmes
Sent: Thursday, February 23, 2017 9:28 AM
To: 'WSBA Real Property Listserv'
Cc: 'Kim Holmes'
Subject: [WSBARP] Waterfront home & Shoreline Management Act question

We have a client who is purchasing a waterfront home on Bainbridge. We are in the early stages of researching how the Shoreline Management Act will effect this property. The house was built in 2006. It is quite close to the water, so the house, dock, and septic system all likely fall within the SMA (200 ft from high water mark). Some of our immediate concerns are whether the house, septic, and dock could be rebuilt if they were destroyed. Smaller, but still important, concerns are how difficult it will be for our clients to make changes to those structures and systems (remodel) and/or the vegetation near the water. We welcome any suggestions on research, additional concerns we should investigate or general advice.
Thanks to all.




Marc Holmes
Holmes Law Group PLLC
808 5th Ave N
Seattle WA 98109
HolmesLawGroup.com<http://holmeslawgroup.com/>
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
Ofc: 206-357-4224
Cell: 206-849-0853


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