Waterfront Related Issues

Waterfront and Shoreline Definitions

• Accretion – The buildup of dry land, such as silt or sediment, by the gradual and imperceptible action of water forces.

• Erosion – the wearing away of dry land by the gradual action of water.

• Extreme Low Tide – The tide which is lower than either mean lower low tide (the average of all daily lower low tides) or daily lower low tide. It occurs only during certain seasons of the year. Also the outer boundary of tidelands conveyed by the State between 1911 and 1971.

• First Class Tidelands – Tidal lands in front of the corporate limits of any city between the line of ordinary high tide and either (1) the inner harbor line within one miles on either side of the city limits or (2) the line of extreme low tide (or mean low tide for properties conveyed by the state prior to 1911 ) within two miles and outside one mile on either side of the city limits.

• Government Lot – Fractional sections in government surveys, often, but not always, based on large bodies of water.

• Lateral Lines – Boundary lines between adjoining parcels of submerged lands, extending from a point on the line of ordinary high tide or line of ordinary high water to a point on the outer limit of the submerged lands. Must be apportioned by common owners of the submerged lands by plat or conveyance.

• Line of Navigability – A line beyond which the water is deep enough for commercial navigation.

• Meander Line – A line run by the government for the purpose of defining the sinuosities of the shore or bank of a body of water and as a means of ascertaining the quantity in adjoining fractional sections.

• Mean Low Tide – the average of all daily low tides over a period of 18.6 years. Outer boundary of tidelands conveyed by the State between 1895 and 1911.

• Ordinary High Tide – Also known as mean high tide. The average elevation of all high tides over a period of 18.6 years. Also the outer boundary between uplands and tidelands on navigable waters.

• Ordinary High Water – The visible line of the bank along non-tidal waters.

• Oyster Lands – Submerged land below extreme low tide leased or conditionally deeded for the cultivation of oysters of other shellfish.

• Patent – The instrument by which the United States conveys title to public lands.

• Second Class Tidelands – All tidelands not classified as first class tidelands

• Shoreline Management Act – An act regulating land use of submerged lands and uplands 200 feet inland from these areas, as well as wetlands. Most development in such areas requires a substantial development permit.

• Tidelands – Public lands over which tidal water ebbs and flows. Available for sale by the State until 1971, available for lease after 1971.

• Uplands – the dry lands bordering a body of water, the outer boundary of which is either the line of ordinary high tide or ordinary high water.

• Wetlands – Sensitive areas, which may or may not include submerged lands, as defined under state law.

Definitions are provided by Chicago Title Co
 

Boundaries of Puget Sound’s Government Waterfront Lots

Depending on whether the property was conveyed prior or after Statehood in 1889, the location of the waterside boundary is either

§    Prior to Statehood in 1889, the line extended to either the water line or the meander line (a line run by the government to define the shoreline), whichever was further out

§    After statehood, the line ran only to the line of ordinary high water (the visible line of the bank along non-tidal waters)
 

Tidelands

Tidelands are classified at time of original sale. Tidelands continue to be classified as second class tidelands, even if the city has annexed the property.

After statehood, the State sold some tidelands and shorelands. Private ownership of tidelands is limited to properties that were sold by the State prior to 1971, at which time the Legislature eliminated any further sales to private parties.

Upland owners can secure long-term leases for the tidelands which in some cases even allows the upland owner to construct a dock over leased tidelands.
 

Washington State Shoreline Management Act (SMA) Regulation

Sellers and buyers are urged to contact a qualified real estate attorney for advice on uses and compliance with the SMA. The proposed new SMA likely will make it difficult to maintain, repair or modify existing shoreline property uses, including single-family dwellings. Waterfront owners should assume that

§    All shoreline development, including single family residences,  within 200 feet may be regulated

§    Repair and maintenance of existing structures may be treated as “new” and may be prohibited. This may include any over-water structure and bulkheads as well as upland structures

§    New residential docks will be required to be shared

§    Approval for development of rural shorelands will be very difficult to obtain

§    Approval for development of urban shorelands may be easier but may include large natural vegetation buffers, extensive biological review and restoration conditions.
 

History of Washington’s Shoreline Management Act (SMA) and Regulatory Guidelines

1972   Legislature adopts shoreline management guidelines, requiring cities and counties to craft local shoreline master plans

1974-1979  Cities and counties adopt local shoreline master plan

1990 Legislature passes the Growth Management Act (GMA)

1991-1994  Department of Ecology develops the Shorelands-Growth Management Project to help local governments integrate SMA and GMA.

1995  Legislature passes a law making changes to both SMA and GMA

1996-1999  Department of Ecology conducts focus groups and official public comment sessions on various drafts of the updated Shoreline guidelines.

Fall 1999   Draft guidelines are withdrawn

December 1999  Revised draft is circulated to officials, legislators for review

June 2000  Public comment is taken on revised draft guidelines

November 2000  Ecology adopts new shoreline management guidelines

December 2000   Association of Washington Business and other appeal the new guidelines

August 2001  Shoreline Hearings Board rules that Department of Ecology failed to properly conduct the review process and that some provisions exceeded statutory authority

September 2001  Mediation talks between two sides are convened aimed to reach legal settlement

December 2002   Agreement is reached from mediation, proposing changes and scheduling local updates to be phased in between 2003 and 2014, depending on funding for local governments.

2001-2003   City of Gig Harbor has been developing its Master Plan in accordance with the ongoing history of the Regulations. A citizen committee is making recommendations to the city which includes the surrounding area. This is likely to be completed after additional public testimony/hearing in 2004.
 

Comparison of basic issues of proposed 2000 Guidelines and Proposed Mediated Guidelines
 

Above chart compiled by BIAW

Links

Washington State Department of Ecology