[WSBARP] Waterfront home & Shoreline Management Act question

[Marc Holmes]

Thanks Doug.  Good stuff as always.  The septic is of particular concern
because the upland/shoreland area is not especially large so relocating it
might be difficult or worse.  Anyone have comments or suggestions on this
issue?

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

HolmesLawGroup.com <http://holmeslawgroup.com/> 

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Wheeler, Doug
Sent: Thursday, February 23, 2017 10:33 AM
To: WSBA Real Property Listserv
Cc: 'Kim Holmes'
Subject: Re: [WSBARP] Waterfront home & Shoreline Management Act question

 

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)

 <mailto:DWheeler at VIResorts.com> 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

Ofc: 206-357-4224

Cell: 206-849-0853

 

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