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Home My WebLink Aboutres1985-046ENO ti Phori'(E 5q2-51161 �� aWA C 3373 Mount Baker Highway Bellingham, Washington 98226 PARK AND RECREATION BOARD TO: WHATCOM COUNTY COUNCIL AND EXECUTIVE FRGIM: W"ATCOM COUNTY PARK AND RECREATION BOARD Robert M. Tull, Chairman DATE- DECEMBER 19, 1985 RE. RESOLUTION 85-46 We applaud the vision of the Council in declaring the acquisition and preservation of public access to and use of county shorelines, especially saltwater shorelines to be of the highest priority. In discharging our responsibilities under Resolution 85--46, we have consulted and cooperated with a number of municipal and state agencies in preparing our informational report. Each of these agencies also recognize the access need and the value of the shorelines to the health, welfare and econouty of the region. We appreciate greatly their cooperation. R. M. T. RMT: 'Im 0 PARK AND RECREATION BOARD Robert M. Tull, Chairman; Carolyn I. Jonson, Vice Chairman; Frederick D. Chesterley; William J. Dittrich; Robert H. Klein; Chester T. Lackey; W. Del Walker ADMINISTRATIVE STAFF Roger A. DeSpain, Director; Gary W. Chadwick, Deputy Director. INFORMATION RELATING TO THE PRESERVATION AND ACQUISITION OF PUBLIC ACCESS TO AND USE OF SHORELINES u. NOVEMBER 15, 1985 A report presented to Whatcom County Council /Executive by the Whatcom County Park and Recreation Board as man- dated by Council Resolution No. 85 -46. TABLE OF CONTENTS Pages Resolution 85 -46 . . . . . . . . . . . . . . . . Introduction . . . . . . . . . . . . . . . . . . 4- 5 Whatcom County Inventory Shorelines /Access . . . . . . . . . . . . . . . . 6 -13 State of Washington Shorelines Law . . . . . . . 14 -27 Methods of Providing Public Access . . . . . . . 28 -64 Other Helpful Resources . . . . . . . . . . . . . 65 -70 Recommendations . . . . . . . . . . . . . . . . . 71-73 Appendix 1 Nooksack River Plan Appendix 2 Shoreline Public Access Sign Manual 1 2 3 4 5 6� 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 � P Draft 1 August 20, 1985 CWC Introduced by Cole Proposed by`SDjX __ Date September 19, 1985 RESOLUTION NO. 85 -46V A RESOLUTION ON THE PRESERVATION AND ACQUISI- TION OF PUBLIC ACCESS TO AND USE OF THE SHORELINES OF WHATCOM COUNTY WHEREAS, the shorelines of Whatcom County are a unique, beautiful and finite resource; and - WHEREAS, public access to these shorelines for recreational and aesthetic purposes promotes the general health, welfare, and economy of the region; and WHEREAS, public access to these shorelines can be preserved and expanded only through concerted efforts, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The acquisition and preservation of public access to and use of the shorelines within Whatcom County, especially salt -water shorelines, are declared to be public needs of the highest priority. 2. The Whatcom County Parks and Recreation Board, in consultation with the County Executive and Public Services Committee, is requested to develop and submit by November 151 1985, to the Council, a report suggesting ways and means of acquiring and preserving public access to and use of shorelines within Whatcom County. (a) The report should address, but not be limited to, creative methods of gaining public access and use while minimizing on -going maintenance and operation costs, for example, through such means as purchasing public use easements from private landowners or providing private development incentivet. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (b) The report should address the possibility of redeploying the County's non - essential real estate assets so as to make resources available for shoreline access and use -acquisition. (c) The report should be prepared in consultation with other organizations (such as the Port of Bellingham and municipal and state governments) which may have an interest in participating cooperatively in an effort to acquire and preserve public access to and use of the area's shorelines, and the report should identify the possibilities for such cooperation. 3. All agencies and departments of County, municipal and state government are requested to assist the Parks and Recreation Board and the County Executive in fulfilling the requirements of this resolution. PASSED. this _ 19th, day of_....Sept ember , 1985. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: -� �-- Carol Ebergson ` Clerk of the Council APPROVED AS TO FORM: Randall J. Watts _ Civil Deputy Prosecuting Attorney William P. Roehl Chairman I CONCUR: Shirley Van�Zanten County Executive -3- INTRODUCTION Wraterfront acquisition for public recreation has been central to the planning and action program of the Beard since its inception. The first inventory of potential recreation sites prepared by the Board in 1965 identified magnificent opportunities on saltwater teaches, freshwater lakes and streams. Our commitment to the acquisition and development of water - oriented facilities resulted in the acquisition of Portage Island (all except a few acres with undivided interest of several owners) and the development of most of our major operating facilities: *Samish Park *Silver Lake Park *Hovander Homestead Park *Tennant Lake Interpretive Center *Lighthouse Marine Park Other undeveloped areas are principally in the Lake Samish and Lake Whatcom Area. As a result of political action Portage Island was lost to Whatcom County for development as a water- oriented park. The State and Federal government now are obligated, with the Lummi Tribe to develop Portage Island as a park, open to all people for all time. 'Whatcom County was forced to abandon the Portage Island project because it was unable to proceed with development as"a result of the Tribe's unwillingness to negotiate a tideland lease after about a five year effort on our part to resolve the problem. It has been about five years since the State and Federal government :substituted the Lummi Tribe for Whatcom County in the role of park developer. No progress is evident. The issue is only parenthet- ically mentioned here because to gain magnificent water - oriented facilities there, requires political, or possibly legal action to require the State, Federal government and the Tribe to live up to the legal requirements just as Whatcom County was forced to do. County funds would not be spent to gain this facility. The body of this report is essentially a compilation of information from a variety of sources collated to meet the information require - ments of Resolution 35 -46. The Council should be aware of the existence of two major sources of more detailed information on shorelines: *Nooksack River Study *Marine Shoreline Study (1976) _LE_ The award winning Nooksack River Study, completed in 1973, received national (even international) attention. Whatcom County is unique in having one of the nation's river systems almost completely within its boundaries. (The South Fork makes a short traverse into Skagit County before re- entering Whatccm County). The opportunity for one political subdivision to control the use in the best public interest of this valuable resource is truly unique. A map and summary are appended to this report for your information (See Appendix 1). The main study is quite e):- tensive and is available to members of the Council. The Marine Shoreline Study (1976) is related more to your specific interest in saltwater shorelines. This study .(out of print) is available in the Park Department Office. Public access to saltwater shorelines in Whatcom County is certainly not adequate. According to data from the Washington State Department of Ecology and the State Interagency Committee for Outdoor Recreation with respect to saltwater access, Whatcom County compares to the State as a whole as follows: Total Saltwater Publicly Owned Shoreline (Miles) (Miles) % County 106 7.8 7.4 State 2,316 1,079.0 46.6 The standard for public access to saltwater varies from one political subdivision to another. In some areas the goal (sometimes achieved) is 100% access.. By most standards, in the judgment of our Board the 7.4% for Whatcom County is exceedingly low and inadequate. We are gratified by the Council's expressed interest in addressing the shoreline problem in general and the saltwater access problem in particular. hopefully, the information presented here will provide the basis for ongoing discussions with the Board in develop- ing long range and action plans to make necessary provisions in the public interest. -5- SECTION I. WHATCOM COUNTY INVENTORY OF SHORELINE /ACCESS In 1970 the Park Board prepared an inventory of potential shore- line /access sites. The list was prioritized, based on: a. future need b. imminent development (loss) C. uniqueness, and d. protection of adjacent areas. In addition to access sites, public road right of way sites were identified. These provide "legal" access to shorelines. On particular sites, however, actual physical access to the beach is somewhat limited due to steep banks or private adjacent beaches. This, our most recent inventory, is now 15 years old. Resources need to be provided to update this inventory. For the information of the Council, the definition the Board uses for "access" is as follows: ACCESS - Access encompasses the public's right to get to and use the County's public waters (both salt and fresh), the water /land interface and associated shoreline area. Access can be either physical or visual. The physical access has two forms: lateral and perpendicular. Lateral - Access consists of acquiring use rights to extensive areas of shoreline parallel to the water's edge. Perpendicular - Perpendicular access consists of an easement or corridor trom a public thoroughfare of facility (i.e. a public right of way) to a shoreline area. Access has varing degrees of limitation. A. General Public Access /Unlimited - Access that is available for use treely by the genera pu is with no restrictions. B. General Public Access /Limited - Access that is limited by time ot day, season, or other temporal factors and access that may be limited by quota or by entry fee. C. Community Access - Access that is limited to the resident of a particu ar su division, condominum, club, or other such entity where the general public is restricted. -6- SHORELINE/ACCESS :,lame Location Semiahmoo 6 it ,Pty of Blaine 3irch Bay Tidelands 3irch Say ;straight of Georgia -Tept;;.ne Beach. 3eaches Cherry Point candy Point Priority _1 g (vJ T 1e Ve LJ igh P-iigh Expand Lighthouse Pt. Pt. Roberts High Teddybear Cove Chuckanut Bay High Peace Arch Tidelands City of Blaine Mod. Drayton Harbor Tdlds. City of Blaine Mod. Birch Pt. Tidelands Birch Point Mod. Pt. Whitehorn Pt. Whitehorn Mod. Maple Beach Pt. Roberts Mod. S. E. Point Pt. Roberts Mod. Lummi Bay Lummi Bay Mod. Point Migley Lummi Island Mod. Legoe Bay Pt. Lummi Island Mod. Lummi Rocks Lummi Island Mod. S. End Lummi Is. Lummi Island Mod. Viti Rocks Lummi Island Mod. Nooksack Estuary Mod. Little Squalicum North Bellingham Mod. Beaches [iay Marina Breakwaters City of Bellingham Mod. Port of Bellingham City of !?ellingham Food. :Parris Street Site South 3ellingham ;it,y of 3ellingham ,',Jlod. (Completed) Treatment Plant Site South Bellingham Mod. City of Bellingham -7- Name Location Priority North of Drydock Point Chuckanut Village Beaches Dot Island Chuckanut Rocks S. End, Governor's Point Expand Larrabee State Park Beaches } -, 01and 'Portage Island Edgemoor Pond 1/4 mi. north of tunnel Chuckanut Bay Chuckanut Bay Chuckanut Bay Chuckanut Bay Wildcat Cove Portage Island City of Bellingham Mod. Mod. Mod. (Completed) Mod. Low Low Low Low PUBLIC ROAD RIGHT OF WAY Name Giving Access To: Shipyard Road Drayton Harbor Bullfinch Road Drayton Harbor Birch Point Road Georgia Strait Lenore Avenue Georgia Strait Paton Avenue Georgia Strait Shintaffer Road Birch Bay Harbor View Road Birch Bay Birch Bay Access Alleys Birch Bay Unnamed R. 0. W. Georgia Strait Henry Road Georgia Strait Unick Road Georgia Strait Slater Road. Georgia Strait Georgian Road Georgia Strait Shore Lane Georgia Strait Beach Way Georgia Strait Unnamed Alley R. 0. W. Lummi Bay (Quasi - public) Off Boynton Road Lummi Bay -8- i Name Giving Access To: Cagey Road Lummi Bay Emma Street Lummi Bay Ruth Street Lummi Bay Lummi View Drive Hale's Passage Commercial Street Nooksack Estuary Fairhaven Street and Chuckanut Cove Unnnamed R. 0. W.'s Wright Road Hale's Passage Ferry Landing; also 15' Hale's Passage Alleys immediately north and south Blizzard Road R. 0. W. Strait of Georgia Constitution Street Strait of Georgia Nugent Road R. 0. W. Strait of Georgia Wildwood Terrace Hale's Passage Milton Avenue Hale's Passage Cedar Road Hale's Passage Island View Avenue Bellingham Bay Bancroft Road Bellingham Bay Fort Bellingham Road Bellingham Bay Gulf Road Strait of Georgia Tyee Road Strait of Georgia Largand Drive Strait of Georgia South Beach Road Strait of Georgia Pauls Road Strait of Georgia Roosevelt Road Boundary Bay Alder Street Boundary Bay Birch Street Boundary Bay Cedar Street Boundary Bay Maple Street Boundary Bay Elm Street Boundary Bay -9- SECTION II. STATE OF WASHINGTON SHORELINES INVENTORY Data obtained by the Washington State Department of Ecology and the Interagency Committee for Outdoor Recreation were used to compile Table 1, the State Shoreline Inventory (freshwater and saltwater). Of the potential shorelines 12% of the freshwater and 45% of the saltwater areas are in public ownership. (This does not include all U.S. Forest Service, National Park Service and Washington State DNR lands. Only "developed'and or "designated" sites were included. Of the shorelines classified in public ownership only 10% of the freshwater and 17% of the saltwater sites are considered to be "accessible ". Accessibility was determined by making the following judgments: 1. All shoreline that was coincident with upland public ownership was considered accessible; 2. DNR tidelands were not considered accessible unless there was evidence of upland access usually repre- sented by DNR upland ownership; 3. Upland public ownership was assumed when the IAC computer printout listed a named park, access, or similar upland site; 4. All the ocean beaches were considered accessible because of a Washington State Attorney General's opinion concerning public use of the Pacific Ocean beaches (AGO #27,1970). The opinion is discussed in the section titled "Public Rights to Private Shorelines." Tables 2 and 3 give an indication of the support the State Inter- agency Committee for Outdoor Recreation has given to shoreline acquisition and development. -10- TABLE 1 STATE OF WASHINGTON INVENTORY OF SHORELINES 1985 SHORELINE INVENTORY. rst�nc6 . in Ill wo I f I I ALL SHORELINCS I MM11E 5"CLINES I I J Publicly Owed I I I I TOTAL I Pta lcLY OWNED 1 ACCESSIBLE t Tidelands With 1 OCEAN 1 I COl1MTY I I I SHORELINE I SHORELINE I SHORELINE 1 Coincident J ( Seashore J I I Freshwater I Saltwater ! I Freshwater I 1 Saltwater I Freshwater I Saltwater I Publicly Owed I I Uplands Indian I Conservation i I Reservation I Area 1 I Adams J 172.3 I -- I 16.4 I -- I 16.4 I Asotln ( 255.3 J -- I 53.2 1 -- I S).z -- I Benton t 189.9 t -- I 83.2 1 -- I 72.4 I Chelan ( 321.9 t -- I 65.1 I { 65.1 ) •_ I I Clallam 1 59).) ( 180.1 1 19.9 t 150.2 I 5.5 1 70.5 I 1 32.5 ( I t 12.0 1 )8.) I Clark t 527.8 t -• 1 66.2 1 _• I 46.2 I ( Columbia 1 152.1 J -• ( 4.1 t -- I 4.1 I Cowlitz i 1229.6 I -- I 25.6 1 -- I 25.6 I Douglas t 209.3 ( -- I 19.7 ( -- I 6.5 I Ferry ( 209.9 I -- I 6.7 ( -- I 2.0 I Franklin 1 190.6 1 •- I 24.9 t -• I 24.9 I Garfield ( 66.2 1 -- I 1.6 J -- I 1.8 1 •- I -- I I Grant 1 7)).0 1 -- I 121.2 I -- 1 121.2 I Grays Harbor ( 118).) I 146.0 I )).7 ( 91.3 J 27.7 1 28.0 J 3.8 I 20.8 I 28.0 ! Island J 14.0 ( 240.0 I 4.3 t 106.5 I 4.) 1 27.0 1 27.0 I t I I Jefferson I 164.6 ( 206.7 J 29.6 ( 110.4 I 29.6 I 51.4 I 27.7 J -- I 4.8 l 27.7 I I King ! 1168.8 ! 90.8 1 248.8 t 14.1 J 144.8 1 14.1 J 14.1 ( I I Kltsap ( 62.7 J 228.6 I 1.4 I 55.0 1 1.4 J 9.0 1 9.0 I J Kittltas I 528.9 J -- I 44.9 J .. + )0.9 I Kitckltat 1 375.8 44.3 ( -- I 25.3 I Lewis J 1221.3 J -- 1 36.3 ! -- ! 38.) I Lincoln i 253.6 96.0 I -- I 96.0 1 Masan J 476.5 1 199.5 I 15.1 J 58.1 I 15.1 I 6.7 J 6.1 t I I Okanogan J 1015.1 ( .• I 187.1 J -- 1 163.8 I 1 Pacific 1 446.8 J 155.2 ( 10.3 ( $6.7 J 10.3 J 56.7 J )),4 J J 25.7 t I Pend Oreille t 297.4 J •- I 14.2 ( -- 1 5.0 I Pierce 1 574.1 ( 216.6 1 111.9 ! 6.4 I 60.9 J 8.4 ( 8.4 J I I San Juan t 12.8 t 372.7 I 8.7 J 341.2 1 8.7 1 68.7 1 88.7 I I 1 I Skagit 1 724.2 1 127.0 t 95.4 J 17.7 1 95.4 ( 17.7 1 17.7 1 I Skamanla I 521.9 1 -- 1 18.6 1 -- 1 10.3 I Snohod sh 1 1256.9 1 62.4 1 132.9 ( 57.2 t 139,9 1 7.5 1 7.5 ( I I Spokane ( 455.3 I -- I 34.4 1 -- I 34.4 I I Stevens 1 369.3 1 -- I 326.2 I -- I 328.2 I Thurston J 257.0 1 90.0 I 7.6 ( 12.5 J 7.6 I 3.5 ( 3.5 I rahktakua ( 275.1 12.0 1 -. I 12,0 I a'aila voila t pr?. I T•�,•, I S,�tl I I+ �•1 I ;� I 1 as.p 431 1 Whitman J 454.6 t -- i 8.0 1 -- I 8.0 I Yakima t I I 293.0 I -- 1 I 38.6 I 1 1 -- 1 I 35.0 I -- I I •- 1 I I I I I TOTALS 1 1 16211.9 1 2421.5 I J 2274.9 I I I 1087.1 J I 1905.4 ( 397.1 I 1 286.7 f I I I 37.6 1 119,7 t �.,," Sourceh heninglpl 'tP®T< I I I ton '"":�tdJr.'lomre.lafa lt%:81":`o�fa,s i3. see TABLE 2 INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION INVENTORY OF PUBLIC SHORELINES I I I COUNTY I 1971 1 1982 Feet I Feet I Feet I Feet Saltwater I Freshwater I Saltwater I Freshwater Adams Asotin j Benton Chelan Clallam Clark Columbia Cowlitz Douglas Ferry Franklin Garf ield Grant Grays Harbor Island Jefferson 1 King Kitsap Kittitas Klickitat Lewis Lincoln Mason Okanogan I Pacific Pend Oreille I Pierce San Juan Skagit Skamania Snohomish Spokane Stevens Thurston Wahkiakum Walla Walla .r.K.v 1�a WhidC om . 1 `W1if tman Yakima I STATE TOTAL I I I I I 1 I I 303,972 I 1 I I 1 I � I I 1 I I 1 I I 5,600 I 27,529 I 69,685 1 63,169 1 1 48,184 1 I I 33,851 80,855 52,373 261,520 64,047 71,859 ( 16,110 I I 13,305 229,090 337, 335 134,832 22,356 169,958 5,240 187,113 116,187 124,900 94,194 1,456 602,528 139,090 826 20,180 356,278 7,786 311,856 249,324 121,043 371,940 68,868 474,213 55,938 71,190 136,658 44,160 85,686 88,570 227,397 185,515 1,368,995 79,720 36,078 137,98. J Ro,115 7 11,219 631,818 1 1,158,324 1 7,395,797 I 126,588 I 281,160 439,112 343,544 796,691 1 105,157 349,479 I 21,673 34-, 9 9 3 I 104,266 1 35,150 I 131.,.570 I 9,696 I 639,778 522,389 1 177,975 562,403 1 22,800 582,667 1 156,640 74,340 1 1,313,424 290,541 1 7,644 236,908 I 234,083 202,210 1 507,035 306,753 79,586 987,829 343,723 I 54,410 74,756 44,286 I 591,037 1,801,753 I 46,100 93,669 1 503,983 98,!43 302,189 701,750 181,892 1,732,913 66,060 I 39,960 63,346 I 30,780 42,130 I 203,994 5,828,669 1 12,052,493 Source: Washington Interagency Committee for Outdoor Recreation *Whatcom County's shoreline inventory was reduced due to the County's ferry landing lawsuit with the Lummi Indian Tribe and the exchange of Portage Island for Semiahmoo Spit. -12- TABLE 3 INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FUNDED SHORELINE PROJECTS 1971 - 1982 (Values in Front Feet) Spokane Stevens Thurston Wahkiakum Walla Walla Whatcom Whitman Yakima NA NA 3,447 NA NA 16,886 NA NA. 49,276 3,000 24,401 2,22.5 -0- 34,1.58 7,500 90,460 STATE TOTAL I 169,416 I 579,292 Source: Washington Interagency Committee for Outdoor Recreation -13- 16,670 I 20,932 NA I I I COUNTY Shorelines Acquired Shorelines Developed J I I Feet I Feet Feet I Feet Feet 8,250 Saltwater Freshwater Freshwa ter Cer J I I J Adams � NA I -0- J NA I -0- I Asotin J NA J 33 ,540 J NA � 8,490 J � Benton NA I -0- NA I 1,000 Chelan j NA 9,794 I NA I 39,900 Clallam J 4,040 I 7,863 I 4,040 4,130 Clark I NA I 18 ,552 I NA I 88,188 I I Columbia NA I -0- NA I -0- Cowlitz NA ' 11,03$6 I NA I 10,830 I J Douglas J NA NA 500 Ferry I NA I -0 _ I NA I _p_ I I Franklin I NA I -0 I NA I _p_ � � Garfield I NA I -0- I NA -0- I Grant NA J 34,250 NA 16,472 I Grays Harbor 26,284 16,135 2,670 11,470 I Island I 5,422 4,0 I 7,475 1,000 Jefferson 7,165 35 10,790 5,050 � I King _p_ I 89'622 I 14,680 62,906 Kitsa P I 4,185 I 2,731 19,498 5,340 Kittitas I NA j 27,920 J NA I 9,930 Klickitat I NA I 36,000 I NA I 1035 I I Lewis � NA i 3,900 � NA , � I0,540 I I Lincoln I NA 0 I NA 200 I Mason J 2,395 I 1,361 1,000 5,476 Okanogan I NA I NA I 22,870 Pacific I 3,290 I 2,700 10,589 -0- Pend Oreille I NA I 2,300 I NA I 4,580 Pierce 4,215 I 7,540 I 5,135 � $,700 I � S San Juan 3,408 I -0- J 3,647 -0- Skagit 79,571 I 19,941 I 1NA J 23,736 Skamania I NA 5,630 � NA I 1,830 I Snohomish 9,108 1 22 394 Spokane Stevens Thurston Wahkiakum Walla Walla Whatcom Whitman Yakima NA NA 3,447 NA NA 16,886 NA NA. 49,276 3,000 24,401 2,22.5 -0- 34,1.58 7,500 90,460 STATE TOTAL I 169,416 I 579,292 Source: Washington Interagency Committee for Outdoor Recreation -13- 16,670 I 20,932 NA I 15,687 NA I 8,999 17,031 I 11,606 NA I 3,710 NA I -0- .3,640 I '1,523. NA I 8,250 NA 3,000 128,974 J 417,880 SECTION III. SHORELINE MANAGEMENT ACT OF 1971 The Shoreline Management Act of 1971 is a significant piece of legislation dealing with access. The Shoreline Act established public access to shoreline as a priority State policy (copy of Act included). The intent of the legislature in part is outlined in this excerpt from RCU 90.50.020. The legislature declares that the interest of all the people shall be paramount in the management of shore- lines of state -wide significance. The department, in adopting guidelines for shorelines of state -wide signif- icance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the state -wide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shorelines; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public's oppor- tunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with con- trol of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including, but not limited to parks, marinas, piers, and other im- provements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. -14- Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water. Since the passage of the Shoreline Management Act of 1971, some progress has been made in the area of shoreline access, but most of the increases in accessible areas have come about through public acquisition and not from shoreline permit provisions. In the future, as public acquisition opportunities become more limited, the pro- visions of the Shoreline Act will need to assume a greater role. -15- � Chapter 90.58 RCW SHORELINE MANAGEMENT ACT OF 1971 Sections 90.58.290 Restrictions as affecting fair market value of property. 90.58.010 Short title. 90:58.300 Department as regulating state agency---Special 90.58.020 Legislative findings— State'pblicy enunciated— authority. Use preference. 90.58.310 Designation of shorelines of state -wide significance by 90.58.030 Definitions and concepts. legislature— Recommendation by director. 90.58.040 Program applicable to shorelines of the state. procedure. 90.58.050 Program a';cobperative between local government and 90.58.320 Height limitation respecting permits. stata--ttesponsibilities differentiated. 90.58.330 Study of shorelines of cities and towns submitted to 90.58.060 Timetable for adoption of initial guidelines- Public legislature — Scopc. hearings, notice of. 90.58.340 Use policies for land adjacent to shorelines, develop - 90.58.070 Local governments to submit letters of intent —De- ment of. partment to act upon failure of local government. 90.58.350 Nonapplication to treaty rights. 90.58.080 Timetable for local governments to complete shoreline 90.58.360 Existing requirements for permits, certificates, etc., not inventories and master programs. obviated. 90.58.090 Approval of master program or segments thereof, 90.58.900 Liberal construction -1971 ex.s. c 286. when — Departmental alternatives when shorelines 90.58.910 Severability -1971 ex.s. c 286. of state -wide significances —Later adoption of 90.58.920 Effective date -1971 ex.s. c 286. master program supersedes departmental program. 90.58.930 Referendum to the people 1971 ex.s. c 286- 90.58.100 Programs as constituting use regulations— Duties Determining if act continues in force and effect. when preparing programs and amendments there- Marine oil pollution— Baseline study program: RCW 43.21A- to--Program contents. .405- 43.21A.420. 90.58.110 Development of program within two or more adjacent local government jurisdictions— Development of 90.58.120 program in segments, when. Adoption of rules, programs, etc., subject to RCW 34- RCW 90.58.010 Short title. This chapter shall be .04.025 — Public hearings, notice of— Public in- known and may be cited as the "Shoreline Management spection after approval or adoption. Act of 1971 ". [ 1971 ex.s. c 286 § 1.] 90.58.130 Involvement of all persons and entities having interest, means. 90.58.140 Development permits--Grounds for granting Administration by local government, conditions— RCW 90.58.020 Legislative findings - -State policy Applications— Notices— Rescission —When enunciated- -Use preference. The legislature finds that permits not required — Approval when permit for the shorelines of the state are among the most valuab1c 90.58.150 variance or conditional use. Selective commercial timber cutting, when. and fragile of its natural resources and that there i� 90.58.160 Prohibition against surface drilling for oil or gas, great concern throughout the state relating to their uti- where. 0 lization, protection, restoration, and preservation. In ad- 90.58.170 Shorelines hearings board — Established —Mem- dition it finds that ever increasing pressures of additiona hers— Chairman--Quorum for decision— Administrative and clerical assistance — Expenses uses are being placed on the shorelines necessitating in of members, creased coordination in the management and develop 90.58.175 Rules and regulations. ment of the shorelines of the state. The legislature 90.58.180 Appeals from granting, denying or rescinding permits, further finds that much of the shorelines of the state anc procedure Board to act, when —Local govern -. the uplands adjacent thereto are in private ownership ment appeals to board --- Grounds for declaring master program invalid — Appeals to court, that unrestricted construction on the privately owned o, procedure. publicly owned shorelines of the state is not in the bes 90.58.190 Review and adjustments to master programs. public interest; and therefore, coordinated planning is 90.58.200 90.58.210 Rules and regulations. Court actions to insure against conflicting uses and to necessary in order to protect the public interest associate enforce. ed with the shorelines of the state while, at the samt. 90.58.220 General penalty. time, recognizing and protecting private property right. 90.U.230 Violators liable for damages resulting from viola- consistent with the public interest. There is, therefor, 90.58.240 tion— Attorney's fees and costs, Additional authority granted department and local clear and urgent demand for a planned, rational, anc governments. concerted effort, jointly performed by federal, state, any: 90.58.250 • Department to cooperate with local governments— local governments, to prevent the inherent harm in ar Grants for devblopment of master programs. uncoordinated and piecemeal development of the state'! 90.58.260 State to represent its interest before federal agencies, shorelines. 90.58.270 interstate agencies and courts. Nonapplication to certain structures, docks, develop- It is the policy of the state to provide for the manage merits, etc.,. placed in navigable waters — Nonap- ment of the shorelines of the state by planning for an(' plication to certain rights of-action, authority. fostering all reasonable and appropriate uses. This polic) 90.58.260 Application to all state agencies, counties, public and is designed to insure the development of these shoreline g p municipal corporations. (1976 Laws) [Ch. 90.58 RCW —p 1) —15— in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will pro- mote and enhance the public interest. This policy con- templates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protect- ing generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shore- lines of state —wide significance. The department, in adopting guidelines for shorelines of state —wide signifi- cance, and local government, in developing master pro- grams for shorelines of state -wide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the state —wide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in *RCW 90.58.100 deemed appropriate or necessary. In the implementation of tfiis policy the public's op- portunity to enjoy the physical-and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural en- vironment, or are unique to or dependent upon use of the state's shoreline. Alterations of :the natural condition of the shorelines of the state, in• those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other im- provements facilitating public access to shorelines of the state, industrial and commercial developments which-are particularly dependent on. their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Permitted uses in the shorelines df the state shall be designed and conducted ih a manner to minimize, inso- far as practical, any restrItanE damage= to the ecology and environment of the shoreline area and any interference with the public's use of the water. [1971 ex.s. "c 286 § 2.1 •Reviser's note: In subsection (7), a litcrol translation of the session law's reference "... section.11 of this 1971 act..." would read 'RCW 90.58.110'. The above reference to ".RCW 90:58.100" which codifies section 10 of this act is believed proper in that (1) section 10 lists the elements includable within the master .programs while section 11 nei- ther defines nor mentions such elements, and (2) in the course of pas- sage of the bill, section 7 was deleted causing old iection 11 to be requrnbered section 10, but the above reference was not amended in consonance with the renumbering: RCW 90.58.030 Definitions and concepts. As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply: (1) Administration: (a) "Department" means the department of ecology; (b) "Director" means the director of the department of ecology; (c) "Local government" means any county, incorpo- rated city, or town which contains within its boundaries any lands or waters subject to this chapter;. (d) "Person" means an individual, partnership, corpo- ratipn, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated; (e) "Hearing board" means the shoreline hearings board established by this chapter. (2) Geographical: (a) "Extreme low tide" means the lowest line on the land reached by a receding tide; (b) "Ordinary high water mark" on all lakes, streams, and tidal water is. that mark that will be found by ex- amining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abut- ting upland, in respect to vegetation as that condition exists on June 1, 1971 or as it may ,naturally change thereafter: Provided, That in any area where the ordi- nary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water; (c) "Shorelines of the state" a're the total of all "shorelines" and "shorelines of state -wide significance" within the state; (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (i) shorelines of state —wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes; (e) "Shorelines of state -wide significance" means the following shorelines of the state: (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disap- pointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets; (ii) Those areas of Puget Sound and adjacent salt wa- ters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows: . (A) Nisqually Delta from DeWolf Bight to Tatsolo Point, (B) Birch Bay . from Point Whitehorn to Birch Point, (C) Hood Canal . from Tala Point to Foulweather Bluff, , fas, lO.SS RCW —p 21 -17- (1976 Laws) (D) Skagit Bay and adjacent area from Brown Point to Yokeko Point, and (E) Padilla Bay - from March Point to William Point; (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of ex- treme low tide; (iv) Those lakes, whether natural, artificial or a com- bination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark; (v) Those natural rivers or segments thereof as follows: (A) Any west of the crest of the Cascade range downstream of g point' where the mean annual flow is measured at one thousand cubic feet per second or more, (B) Any east of the crest of the Cascade range down- stream of a point Where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream front the first three hundred square miles of drainage area, whichever is longer; (vi) Those wetlands associated with (i), (ii), (iv), and (v) of this subsection (2)(e); (f) "Wetlands" or "wetland areas" means those lands extending landward for twq hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas associ- ated with the streams, lakes; and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology: Provided, That any -county or city may determine that portion of a one — hundred—,year —flood plain to be includ- ed in its master program as long as such portion in- cludes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom; .(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that-occur with reasonable regularity, although not necessarily annually, said floodway being identified, under. normal condition, by changes in surface soil conditions or changes in types or quality of vegeta- tive ground cover condition. The floodway shall not in- clude those lands that can reasonably be expected to be protected from flood � waters by flood control devices maintained by or .maintained under license from the federal governmek, the :stake, or a political subdivision of the state. (3) Procedural terms: (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such: standards shall also provide cri- teria to local governments and the department in devel- oping master programs; (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations (1916 Laws) —18— together with maps, diagrams, charts or other dl�. tive material and text, a statement of desired goals and' standards developed in accordance with the policies enunciated in RCW 90.58.020; (c) "State master program" is the cumulative total of all master programs approved or adopted by the depart- ment of ecology; (d) "Development" means a use consisting of the con- struction or exterior alteration of structures; dredging: drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of ob- structions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level; (e) "Substantial development" shall mean any devel- opment of which the total cost or fair market value ex- ceeds one thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the Purpose of this chapter: (i) Normal maintenance or repair of existing struc- tures or developments, including damage by accident, fire or elements; (ii) Construction of the normal protective bulkhead common to single family residences; (iii) Emergency construction necessary to protect property from damage by the elements; (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not- limited to head gates, pumping facili- ties, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a cont- mercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and /or grazing, nor shall it include normal livestock wintering operations; (v) Construction or modification of navigational aids such as channel markers and anchor buoys; (vi) Construction on wetlands by an owner, lessee or contract purchaser 'of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty —five feet above aver- age grade level and which meets all requirements of the state agency or 'local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter; (vii) Construction of a dock, designed for pleasure craft only, for. the private noncommercial use of the owner, lessee or contract purchaser of a single family residence', the cost of which does not exceed two thou- sand five hundred dollars; (viii) Operation, maintenance, or construction of ca- nals, waterways, drains, reservoirs, or other facilities [Ch. 90.58 RCW —p 31 that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use 9f system waters, including return Row and artificially stored ground water for the irrigation of lands. (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. (x) Operation and maintenance of any system of dikes, ditches; drains, or other facilities existing on Sep- tember 8, 1975 which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. [ f 975 1st ex.s. c 182 § 1; 1973 1st ex.s. c 203 § 1; 1971 ex.s. c 286 § 3.] RCW 90.58.040 Program applicable to shorelines of the state. The shoreline management program of this chapter shall apply to the shorelines of the state as de- fined in this chapter. [ 1971 ex.s. c 286 § 4.] RCW 90.58.050 Program as cooperative between lo- cal government and state -- Responsibilities differenti- ated. This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary re- sponsibility for initiating and administering the regula- tory program of this chapter., The department shall act primarily in a supportive and review capacity with pri- mary emphasis on insuring compliance with the policy and provisions of this chapter. [1971 ex.s. c 286 § 5.1 RCW 90.58.060 Timetable for adoption of initial guidelines -- Public bearings, notice of. (1) Within one hundred twenty days from June 1-;.1971, the department shall submit to local governnents, proposed guidelines consistent with RCW 90.58.020 for: (a) Development of master programs for regulation of the uses of shorelines; and (b) Development of master programs for regulation of the uses of shorelines of state —wide significance. (2) Within sixty days from receipt of such proposed guidelines, local governments shall submit to the depart- ment in writing proposed changes, if any, and comments upon the proposed guidelines. (3) Thereafter and within one hundred twenty days from the submission of such proposed guidelines to local -governments, the department,: after review and consider- ation of .the•cbmments and suggestions submitted to it, shall resubmit final proposed *guidelines. (4) Within sixty days thereafter public hearings shall be held by the department in.Olympia and Spokane, at which interested public and private parties shall have the opportunity to present statements and views on the pro- posed guidelines. Notice. of such hearings shall be pub- lished at least once. in' each.. of the three weeks immediately preceding the hearing in one or more news- papers of general circulation -in each county of the state. (5) Within ninety days following such public hearings, the department at a public hearing to be held in Olympia shall adopt guidelines. [ 1971 ex.s. c 286 § 6.] RCW 90.58.070 Local governments to submit letters of intent -- Department to act upon failure of local government. (1) Local governments arc directed with re- gard to shorelines of the state in their various jurisdic- tions to submit to the director of the department, within six months from June 1, 1971, letters stating that they propose to complete an inventory and develop master programs for these shorelines as provided for in RCW 90.58.080. (2) If any local government, fails to submit a letter as provided in subsection (1) of this section, or fails to adopt a master program for the shorelines of the state within its jurisdiction in accordance with the time schedule provided in this chapter, the department shall carry out the requirements of RCW 90.58.080 and adopt a master program for the shorelines of the state within the jurisdiction of the local government. [ 1971 ex.s. c 286 § 7.] RCW 90.58.080 Timetable for local governments to complete shoreline inventories and master programs. Lo- cal governments are directed with regard to shorelines of the state within their various jurisdictions as follows: (1) To complete within eighteen months after June 1, 1971, a comprehensive inventory of such shorelines. Such inventory shall include but not be limited to the general ownership patterns of the lands located therein in terms of public and private ownership, a survey of the general natural characteristics thereof, present uses con - ducted.therein and initial projected uses thereof; (2) To develop, within twenty —four months after the adoption of guidelines as provided in RCW 90.58.060, a master program for regulation of uses of the shorelines of the state consistent with the guidelines adopted. [ 1974 ex.s. c 61 § 1; 1971 ex.s. c 286 § 8.] RCW 90.58.090 Approval, of master program or seg- ments thereof, when -- Departmental alternatives when shorelines of state —wide significance - -Later adoption of master program supersedes departmental program. Master programs or segments thereof shall become ef- fective when adopted or approved by the department as appropriate. Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the de- partment for review and approval, (1) As to those segments of the master program re- lating to shorelines, they -shall be approved by the de- partment unless it - determines that the submitted segments are not consistent with the policy of RCW 90- .58.020 and the applicable guidelines. If approval is de- nied, the department shall state within ninety days from the date of submission in detail the precise facts upon [0190.58 RCW —P 4] (1976 Laws) —19— which that decision is based, and shall submit to the lo- cal government suggested modifications to the program to make it consistent with said policy and guidelines. The local government shall have ninety days after it re- ceives recommendations from the department to make modifications designed to eliminate the inconsistencies and to resubmit the program to the department for ap- proval. Any resubmitted program shall take effect when and in such form and content as is approved by the department. (2) -As to those segments of the master program re- lating to shorelines of state —wide significance the de- partment shall have full authority following review and evaluation of the submission by local government to de- velop and adopt an alternative to the local government's proposal if in the department's opinion the program submitted- does not provide the optimum implementation of the policy of tliis chapter to satisfy the state —wide in- terest. If the submission by local government is not ap- proved, the department shall suggest modifications to the local govarnment.wilhin ninety days from receipt of the submission. The local government shall have ninety days after -it receives said modifications to consider the same and." resubmit a master program to the department. Thereafter, the .department shall adopt the resubmitted program or, if the department determines that said pro- gram, does not -provide for, optimum implementation, it may develop and adopt an alternative as hereinbefore provided., (3) In the event a local government has not complied with the requirements of RCW 90.58.070 it may there- after upon written notice to the department elect to adopt a master program for the shorelines within its ju- risdiction, in which event it shall comply with the provi- sions established by this chapter for the adoption of a master program for such shorelines. Upon approval of such master program by the de- partment it shall supersede such master program as may have been adopted by the department for such shore- lines. [1971 ex.s. a 286 § 9.] RCW 90.58.100 Programs as constituting use regu- lations-- Duties when preparing programs and amend- ments thereto -- Program contents. (1) The master programs provided for is this chapter, when adopted and approved by the department, as appropriate, shall con- stitute use regulations for the various shorelines of the state. In preparipg the master programs, and any amendments thereto, the department and local govern- ments shall to the extent feasible: (a) Utilize - a systematic interdisciplinary approach which will insure the-integrated use of the natural and social sciences -and the erivirpnmental design arts; {b) Consult with and obtain the comments of any federal, state, regional, or local agency having any spe- , cial expertise with respect to any environmental impact; (c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private in- dividuals, -or by organizations dealing with pertinent shorelines of the state; (d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary; (e) Utilize all available information regarding hydrol- ogy, geography, topography, ecology, economics, and other pertinent data; (f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered. (2) The master programs shall include, when appro- priate, the following: (a) An economic development element for the location and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other develop- ments that are particularly dependent on their location on or use of the shorelines of the state; '(b) A public access element making provision for public access to publicly owned areas; (c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas; (d) A circulation element consisting of the general lo- cation and extent of existing and proposed major thor- oughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element; (e) A use element which considers the proposed gen- eral distribution and general location and. extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land; (f) A conservation element for. the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection; (g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values; and (h) Any other element deemed appropriate or neces- sary to effectuate the policy of this chapter. (3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other de- scriptive material as are necessary to provide for ease of understanding. (4) Master programs will reflect that state —owned shorelines of the state are particularly adapted to pro- viding wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same. (5) Each master program shall contain provisions to allow for the varying of the application of use regula- tions of the program, including provisions for permits for conditional uses and variances, to insure that strict im- plementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90- .58.020. Any such varying shall be allowed only if ex- traordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The (1976 Laws) — 2 O— JCL 90.58 RCW —p 51 concept of this subsection shall be incorporated in the rules adopted by the department relating to the estab- lishment of a permit system as provided in RCW 90.58- .140(3). [1971 ex.s. c 286 § 10.] RCW 94.58.110 Development of program within two or more adjacent local government jurisdictions--De- velopment of program in segments, when. (1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the direc- tor shall designate such region and notify the appropri- ate units of local government thereof. It shall be the duty of the notified units to develop cooperatively an in- ventory and master program in accordance with and within the time provided in kCW 90.58.080. (2) At the discretion of the department, a local gov- ernment master program may be adopted in segments applicable to particular areas so that immediate atten- tion may be given to those areas of the shorelines of the state in most need of a use regulation. [1971 ex.s. c 286 RCW 90.58.120 Adoption of rules, programs, etc., subject to RCW - 34.04.025 -- Public hearings, notice of-- Public inspection -after approval or adoption. All rules, regulations, master programs, designations, and guidelines, issued by the department, shall be adopted or approved in' accordance with the provisions of RCW 34- .04.025 insofar as such provisions are not inconsistent with the provisions of'this-chapter. In addition: (1) Prior to the approval• or adoption by the depart- ment of a master program, or portion thereof, at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of ob- taining the views and comments of the public. Notice of each. such •hearing shall be published at least once in each of the three weeks immediately preceding the hear- ing in one of more newspapers of general circulation in the county in which the hearing is to be held. (2y All guidelines, regulations, designations or master programs adopted or approved under this chapter shall be available for public inspection -at the office of the de- partment or the appropriate county auditor and city clerk. The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines. [ 1975 1st ex.s. c'192-§ 2; 1971 ex.s. c 286 § 12] RCW 90.58.130 Involvement of all persons and enti- ties having interest, means. To insure that all persons and entities having an interest in the guidelines and master programs developed under .this chapter are provided with a full opportunity. for involvement in both their develop- ment and implementation, the department and local governments shall: (1) Make reasonable efforts • to inform the people of. the state about the_ shoreline ,management program of (CL 90—i RCW —P 61 this chapter and in the performance of the respunsibili- ties provided in this chapter, shall not only invite but actively encourage participation by all persons and pri- vate groups and entities showing an interest in shoreline management programs of this chapter; and (2) Invite and encourage participation by all agencies of federal, state, and local government, including munic- ipal and public corporations, having interests or respon- sibilities relating to the shorelines of the state. State and local agencies are are directed to participate fully to in- sure that their interests are fully considered by the de- partment and local governments. [1971 ex.s. c 286 § 13.] RCW 90.58.140 Development permits -- Grounds for granting -- Administration by local government, conditions-- Applications -- Notices-- Rescis- sion-- When permits not required -- Approval when permit for variance or conditional use. (1) No develop- ment shall be undertaken on the shorelines of the state except those which are consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, regulations or master program. (2) No substantial development shall be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative juris- diction under this chapter. A permit shall be granted: (a) From June 1, 1971 until such time as an applica- ble master' program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and regulations of the department; and (iii) so far as can be ascertained, the master program being de- veloped for the area; (b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applica- ble master program and the provisions of chapter 90.58 RCW. (3) Local government shall establish a program, con- sistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the sys- tem so established shall be performed exclusively by lo- cal government. T (4) Local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that: (a) A notice of such an application is published at least once a week on the, same day of the week for two consecutive weeks in a legal newspaper of general circu- lation within the area in which the development is pro- posed; and (b) Additional notice of such an application is given by at least one of the following methods: (i) Mailing of the notice to the latest recorded real property owners as shown by- the records of the. county assessor within at least three hundred feet of the bound- ary of the property upon .which the substantial develop- ment is proposed; —21— (1976 Laws) '(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or (iii) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public. Such notices shall include a statement that any person desiring to submit written comments concerning an ap- plication, or desiring to receive a copy of the final order concerning an application as expeditiously as possible after the issuance of the older, may submit such com- ments or such requests for orders to the local govern- ment within thirty days of the last date the notice is to be published pursuant -to pbsection (a) of this subsea - .tion. Local government shall forward, in a timely man- ner following the issuance of an order, a copy of the order to each person who submits a request for such order. If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral -or written comments on in application at such hearing. (5.) Such system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until thirty days from the date the final order was filed as provided in subsection (6) of this section; or until all review proceedings.•are terminated if such pro- ceedings were initiated within thirty days from the date • of filing as defined in subsection (6) of this section ex- cept as follows: .(a) In the case of any. permit issued to the state of Washington, department of highways, for the construc- tion and modification of the SR 90 (I -90) bridges across Lake Washington, such construction may begin after thirty days from •the date of filing; (b) If a permit is granted by the local government and (i) the granting of,,the permit is appealed to the shore- lines hearings board within thirty days of the date of fil- ing, (ii) the hearings Hoard approves the granting of the permit by the local government or approves a portion of the substantial development for which the local govern- ment issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to the provisions of chapter'34.04 RCW, the permittee may request; within ten days of the filing of the appeal with the court, a hearing .before. the court to determine whether construction ma'q• begin pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board. If, at the conclusion of the hearing, the court finds that con- - struction pursuant to such a permit would not involve a -significant, irreversible damaging of the environment, the court may allow the permittee to begin such con - $truction pursuant to the approved or revised permit as the court deems appr- riate: Tlie court may require the permittee to post bonds, in the name of the local gov- ernment that issued the permit, sufficient to remove the substantial development •or to restore the environment if the permit is ultimately disapproved by the courts, or to alter the substantial development if such alteration is ul- timately ordered by the�courts: Provided, That constru.4- tion pursuant to a permit revised at the direction of the 0976 Laws) . ; . —22 hearings board may begin only on that portion o substantial development for which the local government had originally issued the permit and construction pursu- ant to such a revised permit on other portions of the substantial development may not begin until after all re- view proceedings are terminated. In such a hearing be- fore the court, the burden of proving whether . such construction :may jnvolve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate shall be on the appellant# (c) If a permit is granted by the local government and the granting of the permit is appealed directly to the su- perior court for, judicial review pursuant to the proviso in RCW•,90.58.1'80(1) as now or hereafter amended, the permittee may request the court to remand the appeal to Abe'shorelines hearings board, in which case the appeal shall be so rentanded.,and construction pursuant to such a permit, shall. be governed by the provisions of subsec- tion (b) of.tbis subsection or may otherwise begin after review proceedings before the hearings board are termi- nated -if judicial review is not thereafter requested pur- suant to the provisions of chapter 34.04 RCW; If a ;.permittee begins construction pursuant to subsec- tions (a), (b) or (c) of this subsection, such construction shall begin at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any por- tion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, .the permittee shall be barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener. (6) Any ruling on an application for a permit under authority of this section, whether it be an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. "Date of filing" as used herein shall mean the date of actual receipt by the department. The department shall notify in writing the local govern- ment and the applicant of the date of filing. (7) Applicants for permits under this section shall have the burden of proving that a proposed substantial development is consistent with the criteria which must be met before a permit is granted. In any review of the granting or denial of an application for a permit as pro- vided in RCW 90.58.180 (1) and (2) as now or hereafter amended, the person requesting the review shall have the burden of proof. (8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by :-the issuing authority upon the finding that a permittee has not complied with conditions of a permit. In the event the dc..partment is' of the opinion that such non- compliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the..opinion that such noncompliance continues tb exist thirty days after the date of the notice, and the, focal government has taken no action to rescind the permit, the department may petition the hearings [Ch. 90.58 RCW —P 7] board for a rescission of such, permit upon written notice of such petition.to the local government and the permit - tee: Provided, That the request by the department is made to the hearings board within fifteen days of the termination of the thirty day notice to the local government. (9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section. (10) No hermit shall be required for any development on shorelines of the state. included within a preliminary or final plat approved by the applicable state agency or local government prior to April 1, 1971, if: (a) The final plat was approved after April 13, 1961, or the preliminary plat was approved after April 30, 1969; or (b) (i) Sales of lots to purchasers with reference to the plat,_ or substantial development incident to platting or required by the plat, occurred prior to April 1, 1971, and (ii) The development to be made without a permit meets all requirements of the applicable state agency or local government, other than requirements imposed pur- suant to this chapter, and - " (iii) The development does-novinvolve construction of buildings, or involves construction on wetlands of build- ings to serve gnly as community social or recreational facilities for the use of owners of platted lots and the buildings do not exceed a height of thirty -five feet above average grade level, and (iv) The development is !completed within two years after the effective date of this chapter. (11) The applicable state agency or local government is authorized to approve a final. plat with respect to shorelines of the state included within a preliminary plat approved after April 30, 1969, and prior to April 1, 1971: Provided, That any-substantial development within the platted shorelines Of the state is authorized by a permit granted pursuant to this section, or does not re- quire a permit as provided in subsection (10) of this sec- tion, or does not require a..permit because of substantial development occurred prior tp June 1, 1971. (12) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or dis- approval. [1975 -'76 2nd ex.s. c 51 § 1; 1975 1st ex.s. c .182 § 3; 1973 2nd ex.s. c 19 § 1r 1971 ex.s. c 286 § 14.] RCW 90.58.150 Selective commercial timber cutting, when. With respect to timber situated within two hun- dred feet abutting landward of the ordinary high water mark within shorelines of state -wide significance, the department or local government shall allow only selec- tive commercial timber cutting, so that no rr�ore than thirty percent of the merchantable trees may be harvest - ed,in any ten year period of time: Provided, That other timber harvesting. methods -may be .permitted in those limited instances where the topogra hy, soil conditions or silviculture practices necessary, for.. regeneration fend- er selective logging ecologically detrimental: Provided [CIS 90.31; RCW —p 81 further, That clear cutting of timber which is solely in- cidental to the preparation of land for other uses au- thorized by this chapter may be permitted, j 1971 ex.s. c 286 § 15.] RCW 90.58.160 Prohibition against surface drilling for oil or gas, where. Surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca sea- ward from the ordinary high water mark and on all lands within one thousand feet landward from said mark. [1971 ex.s. c 286 § 16.1 RCW 90.58.170 Shorelines hearings board - -Es- tablished -- Members -- Chairman -- Quorum for decision -- Administrative and clerical assistance- - Expenses of members. A shorelines hearings board sit- ting as a quasi judicial body is hereby established which shall be made up of'six members: Three members shall be members of the pollution control hearings board; two members, one appointed, by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the state land commissioner or his designee. The chairman of the pollution control hearings board shall be the chairran of the 'shorelines hearings board. A decision :must be agreed to by at least four members of the board to be final. The pollution control hearings board shalf provide the shorelines appeals board such administrative and clerical assistance as the latter may require. 'The members of the shorelines appeals board shall receive the compensation, travel, and subsis- tence expenses as provided in RCW 43.03.050 and 43- .03.060. [ 1971 ex.s. c 286 § 17.] RCW 90.58.175 Rules and regulations. The shore- lines hearings board may adopt rules and regulations governing the administrative practice and procedure in and-before the board. [1973 1st ex.s. c 203 § 3.1 —23— RCW 90.8.180 Appeals from granting, denying or rescinding pertnits, procedure= —Board to act, when -- Local• government -appeals to board- - Grounds for declaring master program invalid - -Ap- peals to court, procedure: (1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 as now or hereafter amended may seek review from the shorelines hearings board by filing a request for the same within thirty days of the date of filing as defined in RCW 90.58.140(6) as now or hereafter amended. Concurrently with the filing of any request for review with the board. as provided in this section pertaining to a final order of a •local government, the requestor shall file a copy of his request "with the department and the attor- ney general. ,If it appears to the department or the at- torney general that the requestor has valid reasons to seek review, either the department or the attorney gen- eral may certify the request within thirty days after its (1976 Laws) receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the mat- ter covered by the requestor: Provided, That the failure to obtain such certification shall not preclude the re- questor from obtaining a review in the superior court under any right to review otherwise available to the re- questor. The department and the attorney general may intervene to protect the ppblic interest and insure- that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the request for review filed pursuant to this section. The shorelines hearings board shall initially schedule review proceedings on such requests for review without regard as to whether such requests have or have not been certi- fied or as to whether; the period for the . department or the attorney general to intervene has or has not expired, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule. (2) The department or the attorney general may ob- tain review of, any final order granting a permit, or granting or denying an application for a permit issued by a local government by filing a written request with the shorelines, hearings ,board and the appropriate local government within thirty days from the date the final order was filed as provided in RCW 90.58.140(6) as now or hereafter amended. (3) The review proceedings authorized in subsections (1) and (2) of this sectiorl are subject to the provisions of chapter 34.04 RCW .pertaining to procedures in contest- ed cases. Judicial review of such proceedings of the shorelines hearings board ' may be had as provided in chapter 34.04 RCW. (4) Local government *may appeal to the shorelines hearings board any rules, regulations, guidelines, desig- nations, or master programs 'for shorelines of the state adopted of approved by • the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon. (a) In an appeal relating to a master program for shorelines, the board, after full consideration of the po- sitions of the local government4and the department, shall determine the validity of A&' master program. If the board determines thgt 'said program: (i) Is clearly erroneous in light of the policy of this chapter; or (ii) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or (iii) Is arbitrary and capricious; or (iv) Was developed without fully considering and evaluating -all proposed master programs submitted to the department by the local government; or (v) Was not adopted in accordance with rgquired pro- , cedures; the Board sha11 enter a final decjsion declaring the pro- gram invalid, remanding the master program to the de- partment with a statement of the reasons in support of the determination, and.. directing the. department to (1976 Uwa). —24— adopt, after a thorough. consultation with the allectcu local government, a new master program. Unless the board makes one or more of the determinations as here - inbefore provided, the board shall find the master pro- gram to be valid and enter a final decision to that effect. (b) In an appeal relating to a master program for shorelines of state —wide significance the board shall ap- prove the master program adopted by the department unless a local government shall, by clear and convincing evidence and argument, persuade the board that the master program approved'by the department is inconsis- tent with the policy of RCW 90.58.020 and the applica- ble guidelines. (c) In an appeal relating to rules, regulations, guide- lines, master programs of state —wide significance, and designations, the standard of review provided in RCW 34.04.070 shall apply. (5) Rules, regulations, designations, master programs. and guidelines shall be subject to review in superior court, if authorized pursuant to RCW 34.04.070: Pro- vided, That no review shall be granted by a superior court on petition from a local government unless the lo- cal government shall first have obtained review under subsection (4) of this section and the petition for court review is filed within three months after the date of final decision by the shorelines hearings board. [1975 —'76 2nd ex.s. c 51 § 2; 1975 lst.ex.s. c 182 § 4; 1973 1st ex.s. c 203 § 2; 1971 ex.s. c 286 § 18.] RCW 90.58.190 Review and adjustments to master programs. The department and each local government shall periodically review any master programs under its jurisdiction and make such adjustments thereto as are necessary. Each local government shall submit any pro- posed adjustments, to the department as soon as they are completed. No such adjustment shall become effective until it has been approved by the department. [ 1971 ex.s. c 286 § 19.] RCW 90.58.200 Rules and regulations. The depart- ment and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter. [1971 ex.s. c 286 § 20.1 RCW 90.58.210 Codrt actions to insure against con- flicting uses and to enforce. The attorney general or the attorney for the local government shall bring such in- junctive, declaratory, or other actions as are necessary to insure that no pses are made of the shorelines of the state in conflict with the provisions and programs of this chapter, and 'to otherwise enforce the provisions of this chapter. [1971 ex.s. c 286 § 21.] RCW 90.58.220 General penalty. In addition to in- curring civil liability under RCW 90.58.210, any person found to have wilfully engaged in activities on the shorelines of the state in Ablation of the provisions of this chapter or any of the master programs, rules, or regulations adopted pursuant thereto shall be guilty of a [Ch. 90.58 RCW —p 91 1- gross misdemeanor, and shall be punished by a fine of not less than twenty –five nor more than one thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and impris- onment: Provided, That the fine for the third and all subsequent violations in any five –year period shall be not less than five hundred nor more than ten thousand dol- lars. [1971 ex.s. c 286 § 22.) RCW 90.58.230 Violators. liable for damages result- ing from violation -- Attorney's fees and costs. Any person subject to the regulatory program of this chapter who violates any, provision. of this chapter or permit is- sued pursuant. thereto shall be liable for all damage to public or private property arising from such violation, including the` cost of restoring the affected area to its condition prior to violation: The attorney general or local government attorney shall bfing suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area af- fected by a violation the. court shall make provision to assure, that restoration - will be accomplished within a reasonable time at the expense of the violator. In addi- tion to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party. [1971 ex.s. c 286 § 23.] RCW 90.58.240 Additional authority granted de- partment and local governments. In addition to any other powers granted hereunder, the , department and local governments may: (1) Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implementation of master programs adopted hereunder; (2) Accept grants, contributions, and appropriations from any agency, public or private,-or individual for the purposes of this chapter; (3) Appoint advisory committees to assist in carrying out the purposes of this chapter; (4) Contract for professional or technical services re- quired by it which canpot be performed by its employ- ees. [1972 ex.s. c 53 § 1; 1971 ex.s. c 286 § 24.] RCW 90.58.250 Departmi'nt to cooperate with local governments -- Grants for development of master pro- grams. The department is directed, to cooperate fully with local governments in discharging their responsibili- ties under this chapter. Funds shall be available for dis- tribution to local governments on the basis of applications 'for preparation of master programs. Such 'applications shall be submitted iif► accordance with regu- lations developed by the department. The department is authorized to make and administer grants within appro- priations authorized by the legislature to any local gov- ernment within the state for the purpose of developing a master shorelines program. No grant shall be made in an amount in excess of the recipient's contribution to the estimated cost of such program. [1971 ex.s. c 286 § 25.1 RCW 90.58.260 State to represent its interest before federal agencies, interstate agencies and courts. The state, through the department of ecology and the attor- ney general, shall represent its interest before water re- soerce regulation management, development, and use agencies of the Unites States, including among others, the federal power commission, environmental protection agency, •corps of engineers, department of the interior, department of agriculture and the atomic energy com- mission, before interstate agencies and the courts with regard to activities or uses of shorelines of the state and the program of this chapter. Where federal or interstate agency plans, activities, or' procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies. [1971 ex.s. c 286 § 26.1 RCW 90.58.270 Nonapplication to certain structures, docks, developments, etc., placed in navigable waters–= - Nonapplication to certain rights of action, authority. (1) Nothing in this statute shall constitute authority for re- quiring or ordering the removal of any structures, im- provements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the impairment of public rights of navigation, and corol- lary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills or developments are `hereby granted: Provid- ed, That the•coAsent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters which are in trespass or in violation of state statutes. (2) Nothing-in this section shall be construed as al- tering or abridging any private right of action, other than a private right which is, based upon the impairment of public 'rights consented to in subsection (1) hereof. (3) Nothing in this section shall be construed as al- tering or abridging the' authority of the state or local .governments to suppress or abate nuisances or to abate pollution. (4) Subsection (1) of this section shall apply to any case pending in the courts of this state on June 1, 1971 relating to the removal of structures, improvements, docks, fills, or developments based on the impairment of public navigational rights..[1971 -ex.s. ,c 286 § 27.] RCW 90.58.280 Application to "all state agencies, counties, public And "nihnicipal corporations. The provi- sions of this chapter shall be applicable to all agencies of IM 9058 RCW —p 101 (1976 Laws) —25— state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them. [1971 ex.s. c 286 § 28.1 RCW 90.58.290 Restrictions as affecting fair market value of property. The restrictions imposed by this chap- ter shall be considered ly.the county assessor in estab- lishing the fair market value of the property. [1971 ex.s. c 286 § 29.1 RCW 90.58.300 Department as regulating statee agency -- Special authority. The department of ecology is designated the state agency responsible for the pro - gram'of regulation o€'the shorelines of the state, includ- ing coastal shorelines and the shorelines of the inner tidal waters of the state; and is authorized to cooperate with the federal government and sister states and to re- ceive benefits of any statutes of the United States when- ever enacted which relate to the programs of this chapter. [1971 ex.s. c 286 § 30.1 RCW 90.58.310 Designation of shorelines of state- wide -significance by legislature --- Recommendation by director, procedure. Additional shorelines of the state shall be designated shorelines of state —wide significance only by affirmative action of the legislature. The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have state —wide significance relating to special economic, ecological, educational, de- velopmental, recreational, or aesthetic values to be de- signated as shorelines of state —wide significance. Prior to making any such recommendation the direc- tor shall hold a public hearing in the county or counties where the shoreline under consideration is located. It shall be the duty 'of the county commissioners of each county where such a hearing is conducted to submit their views with regard to a proposed designation to the director at such date as the director determines but in no event shall the date be later than sixty days after the public hearing in the county. [1971 ex.s. c 286 § 31.] RCW 90.58.320 Height ]imitation respecting permits. No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty —five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does' not prohibit the same and then only when ' overriding considerations of the public interest will be served. [1971 ex.s. c 286 § 32.] . RCW 90.58.330 . Study of shorelines of cities" and towns submitted to legislature -- Scope. The depart- ment of ecology, the attorney. general, and the harbor line commission are directed as' ,a matter of high priority to undertake jointly a study bf the locations, uses and (1976 Laws) , —2— activities, both proposed and existing, relating to Lbs, . shorelines of the cities, and towns of the state and sub- mit a report which shall include but not be limited to the following: (I) Events leading to the establishment of the various harbor lines pertaining to cities of the state; (2) The location of all such harbor lines; (3) The authority for establishment and criteria used in location of the same; (4) Present activities and uses made within harbors and their relationship to harbor lines; (5) Legal aspects pertaining to any uncertainty and inconsistency; and (6) The relationship of federal, state and local gov- ernments to regulation of uses and activities pertaining to, the area of study. The report shall be submitted to the legislature not later than December 1, 1972. [1971 ex.s. c 286 § 33.] RCW 90.58.340 Use policies for land adjacent to shorelines, development of. All state agencies, counties, and public and municipal corporations shall review ad- ministrative and management policies, regulations, plans, and ordinances relative to lands under their rc- spective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the policy of this chapter, the guidelines, and the master programs for the shorelines of the state. The department may develop recommendations for land use control for such lands. Local governments shall, in developing use regulations for such areas, take into con - sideration any recommendations developed by the de- partment as well as any other state agencies or units of local government. [1971 ex.s. c 286 § 34.1 RCW 90.58.350 Nonapplication to treaty rights. Nothing in this chapter shall affect any rights estab- lished by treaty to which the United States is a party. [1971 ex.s. c 286 § 35.] RCW 90.58.360 Existing requirements for permits, certificates, etc., not obviated. Nothing in this •chapter shall obviate any requirement to obtain any permit, cer- tificate, license, or approval from any state agency or lo- cal government. [ 1971 ex.s. c 286 § 36.] RCW 90.58.900 Liberal construction- -1971 ex.s. c 286. This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was .enacted. [1971 ex.s. c 286 § 37.1 RCW 90.58.910 Severability-- 1971 -ex.s. c 286. If any provision of this chapter, or its application to any, person or legal entity or circumstances, is held invalid, the remainder of the. act, or the application of the provi- sion fo other persons or legal entities' or circumstances, shall not be affected. [1971 ex.s. c 286 § 40.1 1Ch. 90.58 RCW —p 11] RCW 90.58.920 Effective date - -1971 ex.s. c 286. This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the - state government, and its existing institutions. This 1971 ,..act shall take effect on June 1, 1971. The director of ecology is authorized to immediately take such steps as are necessary to insure that this 1971 act is implemented on its effective date. [1971 ex.s. c 286 § 41.] RCW 90.58.930 Referendum to the people- -1971 ex.s. c 286 -- Determining if Act continues in force and effect. This 1971 act constitutes an alternative to Initia- tive 43. The secretary of state is directed to place this 1971 act on the ballot in conjunction with Initiative 43 at the next ensuing regular election. This 1971 act shall continue in force and effect until the secretary of state certifies the election results on this 1971 act. If affirmatively approved at the ensuing regu- lar general election; the act shall continue in effect ' thereafter. [ 1971 ex.s. c 286 § 42.] Reviser's note., Chapter 90.58 RCW (1971 ex.s. c 2861 was approved and validated at the 1972 general election as Alternative Measure 43B. (CL 90.58 RCW —p 121 -27- (1976 Laws) SECTION IV. METHODS OF PROVIDING PUBLIC ACCESS Lands needed to satisfy public recreation need's may be acquired in a variety of ways: A. PUBLIC FEE TITLE ACQUISITION The more desirable means of obtaining public access is public acquisition fee title. All the landowners rights are acquired, eliminating onsite conflicts between the public and the private owner. Fee title almost always requires considerable capital expenditure of public funds (for acquisition and development) and the assumption of a perpetual maintenance burden, unless a volunteer program,such as Adopt A Park, is developed. As an incentive to the seller the public agency may provide a purchase and lease back agreement or provide a life tenancy arrangement. Table 4 represents an inventory of Whatcom County's closed land fills, quarries and pits. The County should examine these assets, as well as many of the parcels cf County -owned properties listed and mapped by the County in 1983, to identify those assets which are no longer vital, and to then arrange land trades or liquidation to provide funds for shoreline access. Properties no longer needed for integral governmental opera- tions should be surplused and then could be liquidated through *a developed mechanism involving licensed real estate brokers or *regular auction through Treasurer's Office. The proceeds of these funds could remain as a dedicated reserve fund to be used for shoreline acquisition only. Contributions from the general fund also could systematically be added for this purpose. -28- TABLE 4 INVENTORY OF WHATCOM COUNTY'S CLOSED LAND FILLS, QUARRIES AND PITS COUNTY LAND FILLS CLOSED Arnie Road Central Road Alm Road Kendall Road Nelson Road Mosquito Lake Road Saxon Road Silver Lake Road Summerland Road QUARRIES Central Road Quarry Finsrud Quarry Deming Quarry Rutsatz Quarry Welcome Quarry COUNTY PITS Custer Pit Pt. Whitehorn Pits (2) Powder Plant Pit Brown Road Pit Aldergrove Pit H Street Road Pits (2) Clark Pits (3) Birch Bay - Lynden Pit Willey's Pit Roeder Pit Mission Road Pit F -34 Pit Abel Pit Laurel Pit Tennant Pit Northwood Pit ° Oltman Pit Howem Pit McDaniel Pit Nelson Pit Siper Pit Cowden Pit Kelly Road Pit Y Road Pit South Bay Pit Park Township Pit Saxon Pit Mosquito Lake Road Pit Griffin Pit Blue Bird or Columbia Pit Silver Lake Pit Rutsatz Road Pit Halverstick Pit -29- B. PUBLIC ACQUISITION OF A "LESS THAN FEE" INTEREST This usually takes the form of easements granting the right of access to the public. Sometimes these may be acquired by purchase, such as in the case of development rights purchase. The public agency purchases a portion of the rights a landowner has, which will limit what the landowner may do in the future with his property. A good example of this is when a public agency wishes to maintain open space lands in the face of urban sprawl and purchases "density" so that the.landowner can resist development pressure:. Easements for establishing public areas or access may be required as a prerequisite to obtaining a building or substantial development permit where necessary to mitigate environmental impacts. There are several different examples of easements that provide good public access which was not available prior to these arrangements: National Park Service provisions of general public access to the upper and lower St. Croix River (See Attachment A). State of Wisconsin DNR provisions of fishing and. hunting access to the general public over private property. (See Attachment B.) Whatcom County Park and Recreation Board provisions of general public access via horse trail over private property (See Attachment C Publishers Forest Product Company and Attachment D Elizabeth Buckner and George Buckner). C. UNDISCOVERED PUBLIC PROPERTIES Local jurisdictions may be able to utilize publicly-owned properties that were purchased for some other purpose, but could nonetheless provide compatible public access. For e„anrp l e : - Utility corridors -Road right -of -way - Platted and unused street ends - .Right -of -ways in tidelands and harbor areas -Port facilities D. ACCESS OVER PRIVATE LANDS In some cases a private developer will provide public -30- access in conjunction with an industrial, commercial, or multi - family residential development. The access area usually remains in private ownership and public access is controlled by permit provision and /or easement terms. The developer may be able to obtain some tax advantages from creating and contributing an access for use of the public. The federal income tax laws are presently structured to encourage charitable contributions by allow- ing a deduction against ordinary income equal to the value of the donation. Accesses required by development permits might not be viewed as 'contributions ". Tax benefits can also be used when bargain sales are con- summated. In these cases, the owner donates a portion of the property value and receives payment for the remainder. E. PAYMENT IN LIEU OF DEDICATING—ACCESS When the provision of access at a particular development is not practical or desirable, but would otherwise be required, it may be advantageous Co have a payment made in lieu of developing an access at a wrong location. Special consideration must be given to the fact that such payments probably would not raise enough funds to acquire and develop access elsewhere. Also, there are legal restrictions on how "in lieu of dedication" money can be used. See Attachment E "Alderson Road -end Park Agreement" between Whatcom County Park and Recreation Board and Ron Mace.) F. PUBLIC RIGHTS TO PRIVATE SHORELINES 1. Custom 2. Prescription 3. Dedication 4. Public Trust G. CONSERVATION EASEMENTS (HISTORIC, SCENIC, NATURAL OR OPEN SPACE A conservation easement is a recorded land -use agreement in which the property owner conveys to a governmental body or charitable organization certain rights to be enforced by the holder for public benefit. Attachments F and G are the typical easement provisions for open space and historic conservation. The conservation easement assures that the historic, scenic, natural or open space characteristics that makes the property significant are fully identified and protected against intentional or in- advertent destruction. The easement must be created in perpetuity for federal tax purposes. The easement is a voluntarily negotiated agree- -31- meet between the original donor and the easement holder. Once the easement is imposed and recorded, it binds current and future owners to abide by its terms. Conservation easements represent a mid point between outright public ownership of significant property and government land -use regulation. Many properties that are important to a community yet are inappropriate for public ownership need protection from incompatible development that could seriously impair the quality of life. Whatcom County marine shorelines, waterfowl habitats, historic districts, and other areas could be protected by such easement. Some of the conservation values protected by easement might be attained by special purpose zoning (discussed later in more detail). In our County there is a non - profit, tax exempt corporation, Whatcom County Land Trust. Its mission is to protect productive armlann an other special areas such as shorelines. By using conservation easement and other techniques, coordination with the Trust and similar groups is to be encouraged. See also the results obtained by residents of Yakima County who recognized the need to provide shoreline access along the Yakima River. Quick action to protect prime riverfront land was necessary. The formation of the Yakima River Regional Greenway Foundation is now fulfilling that need. (See Attachment H.) Plans for working with existing private groups should be in place as well as plans for acting,where no such group is available on short notice. -32- RIVERFRONP EASEMENT TERMS AND CONDITIONS ATTACHMENT A AS USED HEREIN, THE FOLLOWING DEFINITIONS SHALL APPLY: "I' LAND" means all the land covered by this easement, as described herein or in attachments hereto. "RIVERWAY" means either the Upper or Lower St. Croix National Scenic Riverway projects or both. "RIVER" means either the St. Croix or Namekagon Rivers or both, their islands, sloughs, backwaters and tributaries lying within the project boundaries. "LINE OF SIGHT" means a determination of areas of the land inadequately screened from view from the river including, but not limited to, consideration of topography and the existence of permanent vegetation and trees during the summer months when they are fully leafed out. "TREES" means all trees of every species measuring four (4) inches or more in diameter at a point four and one -half (4 1/2) feet above the ground. THE RESTRICTIONS HEREBY IMPOSED ON THE LAND, THE ACTS WHICH THE GRANTOR PROMISES TO DO OR REFRAIN FROM DOING UPON THE LAND AND THE RIGHTS IN AND TO THE LAND GRAN'T'ED TO THE UNITED STATES OF AMERICA AND ITS ASSIGNS BY THE GRANTOR ARE AS FOLLOWS: (1) Unless otherwise stated herein, this easement shall not affect, without the grantor's consent, any regular, legal use of the land exercised prior to the acquisition of this easement. (2) This easement shall not be construed as granting the public any right to enter or use the land for any purpose, except members of the public shall be allowed to have access from the river or from adjoining river front lands to use that portion of the land lying within feet of the ordinary high water mark of the River for purposes of hiking, fishing, nr`ire study and temporary beaching of water craft, not including camping or picnicking. (',_, No travel trailers, motor hares or mobile homes may be permanently placed on or affixed to the land. On land already improved with an existing dwelling, storage and /or use of owner's personal travel trailer, motor home or recreational vehicles and equipment will be permitted on locations out of line of sight from the river. On all other lands, storage and /or use of travel trailers, motor homes or recreational vehicles and equipment will require the prior written permission of the National Park Service. (4) No additional construction of dwelling or structures containing living quarters will be permitted on the land. The construction of other additional buildings, structures or development of any kind, the construction of additions to existing, detached single family dwellings, or the construction of accessory buildings necessary to the reasonable use and enjoyment of such dwellings may be permitted only after the grantor has submitted a written request to the National Park Service and has received written approval. Such request must be granted by the National Park Service if a proposed addition to an existing single family dwelling neither increases the width or height of the structure when viewed from the river or if the location of a proposed accessory building is out of line of sight from the river. (5) The grantor reserves the right to perform all regular and ordinary maintenance to all existing structures, buildings, grounds and access roads; to replace, for any reason, any existing structure with another of the same size and in the same locations, and; to repair, or rebuild to no greater than the former size, any existing buildings or structures which are damaged by fire, storm or other casualty. (6) Except for on -going uses and activities provided for in (1) above, the land shall not be used for any new or additional mining, quarrying, sand and gravel removal, industrial or commercial activity whatsoever, nor shall the grantor make or permit any change in the character or topography of the land, unless previously approved in writing by the National Park Service. (% No accumulation or dumping of trash or unsightly materials shall be permitted on the la..., and no signs, billboards or advertisements shall be displayed or placed upon the land, except that one sign, not greater than 24 inches by 30 inches in size, advertising the sale of products raised thereon, services available on the premises, or sale or lease of the land, may be displayed on appropriate occasions in a location out of line of sight from the river. -33- SCLO RFE 3/27/85 (8) Cutting, trimming, destroying or removal of trees, grasses, brush, or shrubbery shall he permitted on the land in accordance with good husbandry practices only if such action is :essary to the cultivation or harvesting of crops on lands currently in use for farming or raising orchard.fruit or nut trees; necessary for the maintenance of existing routes of ingress and egress to or from the land; necessary to the maintenance of the existing yard area of a residence; necessary for the protection and safety of existing dwellings and accessory buildings, or; necessary for the safety and well being of authorized persons using or occupying the land. Additional activities of this type shall require the prior written approval of the National Park Service. (9) The National Park Service, its agents, employees and assigns, shall have the right, upon reasonable notice, to enter upon and cross the land for the purpose of managing the Riverway or to determine compliance with the terms of this easement. Reasonable verbal or written notice of intent to enter said lands shall be given by the National Park Service to the grantor and existing roads or other normally travelled routes shall be utilized wherever practicable except in instances of fire, police action, rescue action or other circumstances of an emergent and similar nature. (10) The National Park Service shall have the right to erect and maintain signs on the land, except in the immediate vicinity of or directly in front of a dwelling. Such signs shall be limited to those deemed appropriate for the management of the Riverway or to delineate private areas from public areas and shall not exceed 24 inches by 30 inches in size. Advance written notice of size, content and location of each sign shall be given to grantor by the National Park Service. (11) The land shall not be used for public utility purposes other than as necessary in connection with a nonprohibited use of this land as provided for herein. (12) The National Park Service may take any legal action necessary to have removed from the land any unauthorized signs, personal property, or structures, or to require compliance with any of the terms of this easement. Written notice of intent to take such action or ?quire such compliance shall be sent to the grantor 10 days in advance by the National ark Service. Removal of items or required compliance with the terms of this easement under such notice shall be at the expense of the National Park Service, subject to the. availability of funds regularly appropriated for such purposes. (13) The National Park Service shall be solely responsible for determining areas within "line -of- sight" on the land. Such determination shall be in writing and a copy furnished to the grantor prior to the acquisition of this easement. (14) The National Park Service agrees to furnish written determinations within a reasonable period of time whenever the grantor submits a written request for approval of some action proposed to be taken under the terms of this easement. (15) Other than the rights of the public, if any, provided for in Paragraph (2) herein, use of the river frontage or beach areas of the property for boat launchings, beachings or dockage, and access to the river across this property by the grantor, his heirs, agents, lessees, licensees or assigns for-such purposes, shall be limited to that legal level and type of use and access practiced and enjoyed by the said grantor at the time of acquisition of this easement by the United States of America, or to the maximum such usage allowed for a single family residential type ownership by the local, state or federal government agency having control over such usage, whichever is greater. The granting or conveyance by the grantor of additional rights of use and /or access is prohibited. This prohibition shall apply to any sale of all or part of the property which provides for such additional rights of use and /or access. However, this prohibition is not intended to limit, prevent or preclude personal, pedestrian use and enjoyment of the property, including the river frontage or beach areas. (16) The grantor agrees that any future transfer, sale, leasing or conveyance of any interest in the land or any agreement for use of the land, whether verbal or written, shall include a reference indicating that the transaction is subject to the terms of this asement . (17) The terms and conditions of this easement shall run with the land, and bind the grantor and the United States of America, and assigns, in perpetuity. SCLA RFE 3/27/85 (2) Tract -34- State of Wisconsin Department of Natural Resources Box 7921 Madison, Wisconsin 53707 This easement, made this day of EASEMENT (Fishing- Hunting) Sections 23.09(2)(d)2 and 29.555, Form 2200 -18 and the State of Wisconsin Department of Natural Resources, Grantee. ATTACHMENT B Wis. Stats. Rev. 2 -83 19 , by and between Grantor, Whereas, the Grantor is the owner in fee simple of certain real estate which is in, near, or adjacent to the Grantee's project area known as and located in county, Wisconsin, and Whereas, the Grantee desires to develop, operate and maintain such lands as a public fishing and/or public hunting area for use and benefit of the general public, Now therefore, the Grantor, for and in consideration of the sum of one ($1.00) dollar and the mutual terms and conditions hereinafter contained, conveys to the Grantee, upon acceptance by the Grantee, within months from the date hereof, an easement and right in perpetuity to develop, operate and maintain a public fishing and /or public hunting area on the follow- ing described real estate: The location of said easement is shown on.exhibit "A" attached hereto and made a part hereof. Upon acceptance, the Grantee shall pay dollars to the Grantor for this easement. 1$ The use of premises, as a public fishing and /or public hunting area for the use and benefit of the public shall include the following rights: 1. The public shall have the right: (a) to hunt game; (b) to catch and take fish from the waters thereon by legal means; (c) to travel in and along such waters; (d) to hike, observe wildlife and enjoy scenic beauty; and (e) to enter upon and utilize the above described lands to the extent necessary for the full enjoyment and use of the rights and privileges granted by this easement. 2. The Grantee shall have the right: (a) to develop such waters by installation and maintenance of current deflectors, covers, retarders and any other means deemed necessary by the Grantee for the purpose of fostering, improving and enhancing fishing therein without interference with the Grantor's use of land; (b) to post such signs and posters along the subject lands as are deemed necessary to delineate them for public use; and (c) to protect from erosion the above described land by mechanical means such as fencing and crossovers or by the planting of trees, plants or shrubs where and to the extent deem- ed necessary for the protection of the stream or lake. 3. The Grantor shall cooperate in the maintenance of the subject property as a wetland, including streams, springs, lakes, ponds, marshes, sloughs, swales, swamps, or potholes now existing or hereinafter occurring on the above described tract by not draining or not permitting the draining, through the transfer of appurtenant water rights or otherwise, of any of said wetlands by ditching or any other means; by not filling in with earth or any other material any low areas on said wetland; and by not burning any areas covered with marsh vegetation. 4. The Grantee agrees to enforce laws pertaining to conservation on the above described lands wherein it is within province of their enforcement action. 5. The Grantee agrees to post a safety area as may be necessary which shall include only the farm dwellings and adjacent buildings housing livestock and farm machinery, not outlying buildings, and an area 300 feet adjacent hereto where all hunting or shooting (except by the landowner or his /her designee) of any kind or the pursuit of game shall be prohibited. 6. To establish a refuge(s) or closed area(s) on the above eased grounds, the number and size to be determined by the Grantee. The refuge(s) or closed area(s) shall be posted in accordance with the Wisconsin statutes, making it unlawful to hunt or shoot game on such areas. —35— 7. The Grantee agrees to assist the Grantor in regulating all vehicles owned or operated by those hunting on the above area. 8. No trees or shrubs shall be removed or destroyed by the Grantor on the lands covered by this easement except as may be in- cidental to the permitted uses. 9. The Grantee shall have the right to make such improvements and installations as are necessary, convenient and incidental to the full enjoyment and use of the rights and privileges granted by this easement. 10. No sign, billboard, outdoor advertising structure or advertisement of any kind shall be erected, displayed, placed or main- tained upon or within the eased area, except one sign of not more than 8 square feet in area to advertise the sale, hire or lease of property or products produced upon the premises. 11. No new structures of any kind shall be placed or erected upon the premises described in this easement until an application, together with a statement of purpose for which the building or structure will be used, has been filed with, and a written ap- proval obtained from the Grantee. 12. The general topography of the landscape, river frontage or creek frontage shall be maintained in its present condition, and no topographic changes shall be made without the prior written approval of the Grantee. 13. No dumping of ashes, trash, garbage, sewage, sawdust, or any unsightly or offensive material shall be placed upon the eased area, except as incidental to the occupation and use of the land for normal agricultural or horticultural purposes. 14. The Grantor reserves the right: (a) to the use of the said land, including the right of fishery in said stream, insofar as sbch right is not inconsistent with the use of the same as a public fishing and /or public hunting area with the rights, privileges and easements hereby granted; and (b) to use the water in the stream for domestic purposes including watering cattle and other stock. 15. The Grantor conveys to the Grantee, its employes, officers and agents the right of ingress and egress from the subject ease- ment area across all contiguous lands owned by the Grantors for the purposes of constructing, planting, altering, repair- ing, maintaining and replacing developments which are provided for in paragraph two. It is understood that field roads, roadways, passageways, lanes or other normally traveled routes will be utilized for such ingress and egress whenever possi- ble and where such travelways exist. The Grantee assumes the responsibility for the adjustment and payment of damages arising from the operation of the above described property as a public fishing and /or public hunting area, but within the limits of the funds available for such purpose pursuant to s. 29.555, Wis. Stats. The Grantor shall submit a verified statement of the resultant damage to his /her property within ten (10) days from the date such damage allegedly occurred. The Grantor's failure to report this damage within the prescribed time period shall bar any recovery thereinbefore provided. The Grantor releases the Grantee from any claim of damage which may arise as a result of flood and flash floods on the lands. The Grantor shall neither lease or convey any other easement in any way effecting the use and enjoyment of this easement without the prior written permission of the Grantee. And being the owner and holder of _ _ certain lien which is (insert detail concerning lien) against said premises, does hereby join in and consent to said conveyance free of said lien. The terms Grantor and Grantee, when used herein, shall mean either masculine or feminine, singular or plural, as the case may be and the provisions of this easement shall bind the parties mutually, their heirs, successors, personal representatives and assigns. Witness the hands and seals of the Grantor and of any person joining in and consenting to this conveyance on the day and year hereinbefore written. In presence -36- (Seal) (Seal) (Seal) (Seal) (Seal) State of Wisconsin 1 ss. County ► r �rsonally appeared before me this day of 19 , the above named to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin My Commission (expires)(is) Accepted this day of 19 . State of Wisconsin Department of Natural Resources For the Secretary State of Wisconsin ► ss. County ) Personally appeared before me this day of 19 , the above named to me known to be the person who executed the foregoing instrument and acknowledged the same. This instrument was drafted by the State of Wisconsin Department of Natural Resources Notary Public, State of Wisconsin My Commission (expires)(is) —37— ATTACHMENT C LICENSF AGREEMENT AGREEMENT made _ September 13 _ _, 1.97 -6 , between PUBLISHERS F'ORES'T' PRODUCTS CO. OF WA.SPINGTON , a Washington corporation, hereinafter known as "Licensor ", and COUNTY OF WILATCOM, WASHINGTON, hereinafter known as "Licensee ". In consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. Licensor hereby grants to Licensee a license to use, sul -ject to the terms and conditions hereof_, the existing recrea- tional trail designated by the color red on the map attached hereto as Exhibit "A" and by this reference incorporated herein. Said trail is situated on the following described real property in Whatcom County, State cf Washington: The southeast quarter of the northwest quarter and the east half of the southwest quarter of Section 17, Township 40 North, Range 6 East, of the Willamette Meridian. 2. Said trail may be used by Licensee and the general public solely for the purpose of recreation L -y pedestrians and equestrians. 3. `_i'h.i.s license shall he effective as of January 1, 1976, and shall continue until terminated as hereinafter provided, but in no event shall this license continue in effect aftdr December 31, 1985, unless renewed by written agreement with Licensor. 4. This license is given to Licensee as an accomodation to Licensee and it shall be rent free. 5. Licensee hereby acknowledges and agrees that its priv- ileges hereunder are nonexclusive and nontransferable by assign- ment, sublicense, or operation of law; that Licensor_ has exclusive title to the above- described real property; and that Licensee will never assail or resist said title or claim. any interest or estate whatever in said real property, by virtue of this license or the exercise of its privileges given hereunder. 6. Licensor shall not be restricted in any manner in the use of its property by reason of this license and shall not be responsible for any existing conditions on the premises. Licensor may prescribe reasonable rules regarding.the use of said trail, and may close and gate said trail for forest management and safety purposes. 7. Licensee shall have the right to conL of access by the general public to the trail included herein for day time recreational use. Licensee shall close the road system to public use during nighttime hours and during periods of extreme fire hazard when requested to do so by Licensor or by any fire protection agency having .jurisdiction. 8. Licensee shall maintain the trail in a condition safe for public uses as a recreational trail and shall maintain the trail to a standard that wi_11 permit use by 4 x 4 one -ton emergency equipment. 9. Motorized vehicles may be used on the trail by Licensee, or its employees, but not by the general public, only for pur- poses complying with the conditions of this license agreement. 10. Licensee accepts this permit, together with the rights and privileges thereof, subject to damages or destruction to property on or about the premises, and agrees to indemnify and save harmless Licensor and its contractors, employees and representa- tives from and against all loss, cost, damage, expense or liability of any kind or nature arising or growing out of the exercise of the privileges given Licensee and the public hereunder, includ- ing (without limiting the generality of the foregoing) loss or damage to Licensor's timber on its adjacent land resulting from negligence of Licensee, members of the general public, Licensee's contractors, employees or repr.esentatives,or any violation or noncompliance with the terms and conditions hereof. This instrument is a grant of permission to enter private property with the consent of the owner for the purpose of quali- fying for the limitation on liability under Revised Code of Washington Section 4.24.210 which relieves landowners who allow public use of their land for outdoor recreation without charging a fee, from liability for unintentional injuries to users of their land. 11. Licensor may cancel and terminate the permission given by giving 180 days written notice directed to Licensee at Licen- see's address appearing below or such other address as Licensee gives in writing. Such cancellation and termination shall occur even though Licenses may have expended time and money on improve- ments. It is fully understood that no irrevocable rights may be obtained by this agreement or operation hereunder. 12. Upon the expiration or termination of this agreement, Licensee shall leave the aforesaid real property in as good a condition as existed when his use thereof first commenced and shall, at his own expense, remove any improvements caused to be placed on said premises by Licensee. PUBLISIIERS FOREST PRODUCTS CO. OF WASHINGTON, "Licensor" By: (title)Timberlands Man .Qe Address: 419 Main Street Oregon Citv, OR 97045 `,�� ; -40- COUNTY OF WIIATCOM, WASHINGTON, ".Licensee" By: < <. Chairman; Board of County Commissioners of Whatcom County, Washington i Icy: Chairman, Whatcom C my Park Board Y Director,/, Whatcom my Park Board Address: 3373 PRount Baker Highway Bellingham, WA 98225 7 li• �. CH 40 H. R. 6 E. �b 1� I . I 15 � ems• o° • R. 6 E. 22 Z l ATTACHMENT D RECREATION TUi IL EASEMENT THIS EASEMENT granted by ELIZABETH G. BUCKNER and GEORGE BUCKNER, whose address is 2629 North Park Drive, Bellingham, Washington 98225, OWNERS, at the request of the WHATCOM COUNTY PARK BOARD, whose principal office is 3373 Mount Baker Highway, Bellingham, Washington 98225, hereinafter referred to as Parks. W I T N E S S E T H For and in consideration of the terms, restrictions and conditions hereof, Owners grant a Recreational Trail Ease- ment for public recreational purposes for use of pedestrians and horses, such easement to consist of a strip of land fifteen (15) feet wide, lying on the existing road as shown on the enclosed map (Exhibit A), on the following lands of the Owners, situate in Whatcom County, Washington, to -wit: IN SECTION 18. TOWNSHIP 40 NORTH. RANGE 6 EAST Tax No. 1 and 2 That part of the Northeast quarter of the Northeast quarter lying East of a line 30 feet west of the centerline of the old Fobes railroad right -of -way. Consideration for this easement is compliance with the following terms and conditions: 1. Parks will spread one layer of gravel over 1,800 lineal feet of .roads on described land, as designated by Owner. Gravel will be spread to a depth.of 3" at road center, 12" at toad edges. Phyllite stream gravel or its equivalent will be used. Gravel shall be spread at a time agreed upon by Owner and Parks as soon as possible after necessary permits are ob- tained; ideally this should be by November 1, 1976. 2. Parks will allow Owner emergency access through Silver Lake Park to the described property on the existing road generally along the north line of Section 18, Township 40 North, Range 6.East. This use shall be limited to emergency occasions when alternative access -42- -2- routes cannot be safely used. The road through Silver Lake Park will be gated and locked. Owner must check with Parks before using said road. 3. Privileges under this instrument shall continue for an indefinite period and terminate upon abandon- ment of the trail system and that portion thereof covered under this easement; and this easement shall run with the land until terminated. 4. Parks, its successors or assigns, shall be responsible for maintenance of the trail area, and shall have the right to clear the area of brush,.overgrowth, or other obstructions not specifically excepted. Trail tread shall not exceed six (6) feet in width. 5. Use of the trail shall not interfere with nor restrict with the Owner's right of ingress and egress. 6. Parks shall have the right to control access to the trail included herein for recreational use by the public. Parks shall close the trail system to public use during periods of extreme fire hazard when re- quested to do so by the Owner or by any fire protection agency having jurisdiction. 7. Parks, its successors or assigns, shall be responsible for signing the trail. Such signing shall indicate where the trail is located and should indicate approp- riate class action fire hazard information. S. Owner disclaims any warranty as to condition of the premises, the trail area, or any vegetation or struc- tures located within the trail area. There is no known dangerous artificial latent conditions or hazards within the trail area. Should either party subsequently become aware of any such condition, upon such condition coming to the attention of the park director, the park department will conspicuously post same with warning signs. 9. This instrument is to be construed as a grant of author- ity to enter private property with consent of the Owner. Permission herein granted carries with it the limitation on liability under Revised Code of Washington Section 4.24.210, which provides that landowners who allow public use of their land for outdoor recreation, with- out charging a fee, are not liable for unintentional injuries to users of their land. 10. In the event of any misunderstanding or disagreements concerning this instrument or the exercise of rights, restrictions or privileges hereunder, either the Owner or the park director may invoke arbitration for the resolution of same. Arbitration shall be governed by the provisions of Revised Code of Washington, Chapter 7.0 -43- -3 SIGNED this 30 4 day of / �k 1976 0/_C� OWNER Tf "� 7 0 ��1NEP. STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this da personally appeared before me George L. Buckner and Elizabeth , Buckner to me known to be the individuals described in and who executed the same as their and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. 1976. GIVEN under my hand and official seal this 30th day of Sept. , SIGNED this ,' STATE OF 14ASHINGTON ) ss. COUNTY OF WHATCOM ) Not y Flublic in and for the State of Washington, residing at of ;�� : 1976. Chairman, i4hatcom County Park Board J Dire- or, Whatcom my Park Board On this day personally appeared before me and to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledg that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this %4--- day of ( Out-" 1976. APPRpVED atcdm Coi Notary Pub is in and for the State of Washington, residing at TO FORM: ty Deputy Prosecuting Attorney _L«4_ SKHI0. IT A NF— vAk' � ,7 �C.it� c� � i3 i T�L�� fi/� s t -{ 1 t' A-0 t4 , R.P K (;j i —4-- cp eo EE ATTACHMENT E D R A F T ALDERSON ROAD -END PARK AGREEMENT THIS AGREEMENT is entered into this day of 19 , by and between the WHATCOM COUNTY PARK AND RECREATION BOARD, hereinafter designated "Parks ", and RON MACE, hereinafter designated "Mace ". WHEREAS, Mace owns certain real property adjacent to the westerly deadend portion of Alderson Road in Birch Bay, Whatcom County, Washington (Lost 1, S.M. and W Short Plat); WHEREAS, Mace has made application to construct residential condominiums upon said real property; and, WHEREAS, approval of the project was conditioned, inter alia, upon the execution of an agreement between Mace and Parks to provide for the establishment and maintenance of a road -end park to be developed by Mace within the Alderson Road right -of -way; NOW,THEREFORE, the parties mutually agree that Mace shall develop, establish and maintain a park on behalf of the citizens of Whatcom County in accordance with the following requirements; 1. Location: The park shall be located within the road -end of Alderson Road, Whatcom County, Washington, in an area of approximately 6,500 square feet and which is more particularly described in Exhibit "A" which is attached hereto and incorporated herein. 2. Landscaping: The park shall be landscaped :in accordance with the landscape plan described in Exhibit "B" which is attached hereto and incorporated herein. -46- 3. Maintenance (a) Mace shall be responsible for maintaining the road -end park in perpetuity, or until such time as the maintenance obligation shall be formally undertaken by Parks or some other public agency subject to Park's approval. Provided, Mace may delegate the maintenance responsibility to the Condominium Owner's Association established pursuant to the development of the adjacent property. Such delegation shall be established under the declaration of condominium. Notwithstanding any such delegation to the Association, Mace shall remain personally liable to Parks for performance of the maintenance obligations hereinafter set forth; (b) At a minimum, the park shall be maintained in accordance with the maintenance schedule described in Exhibit C which is attached hereto and incorporated herein; (c) In the event of major storm damage to the park, the park shall be restored to its condition prior to such storm; (d) Upon completion of the park, and prior to occupancy of any of the condominiums on Mace's property, a contract providing for maintenance services for the park for a one -year period shall be executed. Such contract shall_ be subject to approval of the Park's Director. (e) A performance bond for park maintenance shall be posted by Mace and kept in force in perpetuity or until such time as a County, or other governmental agency, assumes respon- sibility for park maintenance. The board shall be posted for a minimum interval of two years, in the amount of 1500 of park's estimate (Exhibit D), which may be revised by Parks at time of bond renewal. The initial bond and all renewals shall be approved by the Park Director and the Building and Codes Administrator. -47- (f) Any liability arising out of this mainten- ance agreement, whether by means of judgment, lien or otherwise, shall constitute both a personal liability,of Mace and his successors or assigns, and a lien upon the condominium site. 4. Construction: Construction of the park shall be to the satisfaction of the County Director of Buildings and Code and the County Parks Director. 5. Hold Harmless Provision: Mace agrees and covenants to indemnify, defend, . and save harmless Parks, Whatcom County, and the employees or officials of each from and against any loss, damage, cost, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature, arising out of the construction or maintenance of the above - described park. In the event Parks or Whatcom County is required to institute legal action and /or participate in legal action to enforce this clause, Mace agrees to pay legal fees, costs and disbursements incurred in establishing the right to indemnification. 6. Park's Responsibility: Parks shall cooperate ,. fully with Mace so as to allow for the efficient development, establishment, and maintenance of the park. Further, Parks shall be available for consultation and advice at such times as the parties may agree. 7. Contingency: This agreement is contingent upon the development of the adjacent condominium site. In the event Whatcom County, or any of its agencies, or any agency with permit granting power, denies the granting of any permit or approval, this agreement shall become null and void. 8. Extent of the Agreement: This agreement, with attachments, contains all of the terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this agrement. 9. Licensing: Mace agrees to comply with all applicable federal, state, county or municipal standards for licensing, permits, and certification in operation of facil- ities. 10. Assignment and /or Subcontracting: Mace shall not assign nor subcontract any portion of the requirements of this agreement without obtaining prior written approval of Parks. All terms and conditions of this agreement shall apply to any approved subcontract or assignment related to this agreement. 11. Insurance: Mace shall carry a comprehensive liability insurance policy including, but not limited to, coverage in the case of personal injuries in an amount not less than ONE HUNDRED FIFTY TIOUSAND DOLLARS ($150,000.00); coverage in case of fire, vandalism and extended coverage in an amount of not less than FIFTEEN THOUSAND DOLLARS ($15,000.00). These amounts may be reasonably increased by Parks when just - ified.by increased costs. A certificate of insurance with the aforementioned limit shall be provided to Parks upon completion of the park and prior to occupancy of any of the condominiums on Mace's property. The policy shall have a thirty (30) day cancellation notice.to Parks in the event of termination or material modification of coverage. 12. Modification: No change or addition to this agreement shall be valid or binding upon either party unless such change or addition be in writing, executed by both parties. -49- WHATCOM COUNTY PARK AND RECREATION BOARD BY: ROGER DESPAIN Director APPROVED AS TO FORM: RW Deputy Prosecuting Attorney -50- RON MACE MAINTENANCE SCHEDULE Re: Alderson Road Park I. A. Lawn to be fertilized and fall. B. Thatching and aerating C. Water as needed during D. Lawn must be kopt free E. Application of seed as II. TREE AND SHRUB CARE EXHIBIT C -wise per year -- spring every other year. the growing season. of �•:eeds. necessary. A. All trees will be properly staked for the first four growing seasons (longer if necessary). B. Yearly fertilizing program to all trees and shrubs. C. Area immediately around trees and shrubs must be free of weed or plant material. D. Replacement of the trees and shrubs, due to death, injury or destruction. III. WALKWAY Walkways must be kept free of debris, letter, sand and /or gravel. IV. SITTING AREA, BENCHES AND" °BIKE RACKS These permanent structures must be maintained to the highest of standards year round. If for some reason, vandalism or defacement occurs, replacement or repair must take place as soon as possible. V. LITTER AND TRASIi BARREL All trash receptacles must be maintained on a regular schedule so as to keep the park neat and orderly. -51- L Work Activity *Fertilizing Mowing Edging Thatching /Aerating Pesticide Weeding *Litter Control i N �.aterial Costs Fertilizer 25.00 Lawn seed 10.00 Litter bags 18.00 $ 53.00 MAINTENANCE COST SCHEDULE Labor Costs .5 hrs x 2 tines x 15.00 = 15.00 .5 hrs x 25 times x 15.00= 187.50 .5 hrs x 25 times x 15.00= 187.50 1 hr x 2 times x 15.00 = 30.00 1 hr x 2 times x 15.00 = 30.00 5 hrs x 3 times x 15.00 - 225.00 5 hrs x 50 times x 15.00= 375.00 Total $1,050.00 Ecuipment Costs .5 hrs x 2 times x 4.00 = 4.00 .5 hrs x 25 times x 9.00= 112.50 .5 hrs x 25 times x 3.00= 37.50 1 hr x 2 times x 9.00 = 18.00 1 hr x 2 times x 6.00 = 12.00 $1,234.00 (Labor & Equipment Costs) 246.80 (Administrative Overhead) 53.00 (Material Costs) $1,533.80 GRAND TOTAL Total $184.00 •• H Fi > trJ H z a > o z n � c O �Ij Cn O y W E C7 ro x a t� n d x c r t� x x H tZ H �-3 A ATTACHMENT F SAMPLE OPEN SPACE CONSERVATION RESTRICTIONS UNDER AND SUBJECT, to the following protective covenants and restric- tions, said covenants and restrictions being deemed to run as bind- ing and enforceable servitudes in perpetuity, with the land, to do (and refrain from doing) upon the Premises each of the following stipulations, which contribute to the public purpose because they assure that the scenic, agrarian and rural environmental features of Blackacre will be protected to the maximum extent possible for benefit of future generations: 1. Grantor may erect not more than one single family residence, together with appropriate and customary outbuildings, on the Premises the design and location of each of which shall be subject to Grantee's prior written approval. 2. Grantor may erect one or more agricultural structures subject to Grantee's prior written approval as to design, location and suit- ability for the permitted farming activities described below; nothing herein shall be deemed to permit or contemplate permitting erection of quasi- industrial agribusiness structures of a scale and type inconsistent with the scenic, historic and environmental setting of Blackacre. 3. Grantor and Grantee recognize that Blackacre has always been maintained as a game preserve. Grantor does hereby covenant with the Grantee that no one shall be-permitted to hunt with or without dogs, to shoot with gun, bow and arrow or other weapon, nor shall anyone be permitted to trap and take any wild bird or wild animal on said land and premises herein conveyed. 4. Without the prior written approval of Grantee, no permanent boat dock, mooring facility or other riparian improvements shall be permitted. 5. Without the prior written approval of Grantee, there shall be no excavation, dredging or removal of loam, gravel, soil, rock, sand or other material nor any building of roads or other topographi- cal changes, except as necessary to maintain presently existing foot trails, fire breaks, and roadways. 6. Without the prior written approval of Grantee, there shall be no removal, destruction, or cutting of trees, shrubs, or other vege- tation except as may be necessary for the maintenance of existing foot trails, fire breaks and roadways, or in conformity with sound horticultural and silvacultural practices. 7. No activities, actions or uses of the land shall be permitted that would be detrimental or adverse to erosion control, soil con- servation, or fish and wildlife habitat preservation. In particular, no practice, substance, device or activity which would be detrimental to the American Lotus (Nelumbo Lutea), a rare species of flora, shall be permitted on the Premises. -53- 8. No industrial or commercial activities shall be carried on on the Premises. Notwithstanding this limitation on industrial and commercial activities, the Premises may be used for the commercial raising of grains, grasses, legumes, other forms of annual or peren- nial crops, fruits, vegetables, cattle, sheep, horses and other forms of livestock provided such activities are conducted in conform- ity with sound horticultural, agricultural and animal husbandry practices. 9. The Premises shall not be subdivided, nor shall it ever be devised or conveyed except as an unit. 10. Without prior written approval of Grantee, no utility transmis- sion lines, except those required for existing improvements, may be created. 11. No dumping of ashes, sawdust, bark, trash, garbage, rubbish or any other unsightly or offensive materials visible from roads, streets or waterways shall be permitted. 12. There shall be no commercial advertising of any description permitted. 13. Grantor hereby agrees that representatives of Grantee, its successors or assigns, shall be permitted at all reasonable times to inspect the Premises. In the absence of evidence of violation, of these covenants inspection will not take place more often than annually. 14. In the event of a violation of any covenant or restriction herein, the Grantee, its successors or assigns, may, following reason- able notice to Grantor, institute a suit to enjoin such violation by ex parte, temporary, or permanent injunction and. to require restor- ation of the Premises to their prior condition. In the alternative, representatives of the Grantee, its successors and assigns may enter upon the Premises, correct any such violation, and hold Grantor, its successors and assigns, responsible for the cost thereof. Grantee its successors and assigns, shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder and in the event Grantor is found to have violated any of its obliga- tions, Grantor shall reimburse Grantee, its successors or assigns, for any costs or expenses incurred in connection therewith, including court costs and reasonable attorneys fees. 15. Grantor agrees that these restrictions will be inserted by it in any subsequent deed or other legal instrument by which it divests itself of either the fee simple title to or its possessory interest in the Premises, or any part thereof. 16. Grantor, for itself, its successors and assigns, agrees that the Grantee, its successors or assigns, may provide and maintain a plaque or plaques on the Premises giving notice of the environmenLil importance of the Premises and that the Premises is subject to the protective covenants and restrictions herein contained. -54- 17. No other signs, billboards, or advertisements shall be displayed or placed upon said lands, except (a) such plaques or other markers as are appropriate for commemorating the historic importance of the property; (b) such signs or markers as are necessary to direct and restrict the passage of persons or the parking of vehicles upon said grounds; and (c) a sign or signs stating solely the address of the property. 18. Grantor, its successors or assigns, will do and perform at its cost all acts necessary to the prompt recording of this Deed among the land records of Loudoun County, Virginia, in the office of the Recorder of Deeds. The covenants agreed to and the restrictions imposed as aforesaid shall not only be binding upon the Grantor, but also upon its succes- sors and assigns, and all other successors to it in interest, and shall continue as a servitude running in perpetuity with the above described land and shall survive any termination of Grantee's or Grantor's existence. All rights reserved herein to Grantee shall run for the benefit of and may be exercised by its successors or assigns, or by its designee duly authorized in a deed or appoinLmeiiL executed by its duly authorized officer. TO HAVE AND TO HOLD the land and improvements above described, and intended to be conveyed, unto and to the proper use and benefit of the said Grantee, its successors and assigns, subject to the foregoing covenants, conditions and restrictions. -55- ATTACHMENT G SAMPLE HISTORIC PRESERVATION RESTRICTIONS The Preservation Easement granted herein, to be of the nature and charac- ter hereinafter further expressed, shall constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor covenants on behalf of herself, her successors and assigns, with Grantee, its successors and assigns, such covenants being deemed to run as a binding servitude, in perpetuity, with the land, to do (and refrain from doing) upon the Premises each of the following stipulations, which contribute to the public purpose in that they aid significantly in the preservation of Historic House and the ----- - - - - -- Historic District for benefit of future generations of Americans: (1) The exterior surfaces of improvements on the Premises (including, without limitation, the exterior walls, roofs and chimneys) are those depicted in the photographs attached hereto and incorporated herein as Exhibit A. being essentially those exterior surfaces of improvements which are visible from - - - - -- Street, N.W. and - - - - -- Street, N.W. In the event of uncertainty the exterior surfaces of improvements visible in the photographs in Exhibit A shall control. Without the express written permission of the grantee, its successors or assigns, signed by a duly authorized representative thereof, no con- struction, alteration, remodeling or any other thing shall be undertaken or permitted to be undertaken -on the Premises which would affect either the exterior surfaces herein described, or increase the height, or alter the exterior facade (including, without limitation, exterior walls, roofs and chimneys) or the appearance of the buildings located thereon, insofar as they -are depicted in the photographs attached hereto and incorporated herein as Exhibit A or which would adversely affect the structural sound- ness of the Premises. Notwithstanding the generality of the foregoing, reconstruction, repair, repainting or refinishing of presently existing parts or elements of the lot and improvements subject to this Deed of Preservation Easement, damage to which has resulted from casualty loss, deterioration, or wear and tear, shall be permitted without the prior approval of Grantee, pro- vided that such reconstruction, repair, repainting or refinishing is performed in a manner which will not alter the appearance of those elements of the building subject to this easement as they appear as of this date. In all events, Grantor, in painting the exterior of the building on the Premises, agrees to obtain the prior written consent of Grantee, its successors or assigns, signed by a duly authorized representative thereof, as to the quality and color of paint to be used if significantly different from that presently existing. Prior approval of Grantee must be sought for any cleaning method proposed to be used. In no events shall the Premises ever be sandblasted or cleaned by abrasive cleaning methods.. :grantor may restore to its original condition and appearance any exterior trim, woodwork, and balustrades to the extent that the original condition -56- and appearance can be determined and plans therefore are submitted to Grantee for prior approval. Grantor agrees at all times to maintain the lot and structure herein described, and the exterior appearance of the Premises (including, without limitation, the exterior walls, roofs and chimneys of the buildings located thereon) in a good and sound state of repair, subject to the casualty loss provisions in (4) belcw. Grantor agrees, on behalf of herself, her "heirs and assigns that any rehabilitation work or new construction work that might be required to be undertaken on the Premises will comply with the requirements of all applicable federal, state and local government laws and regulation, including without limitation the Secretary of the Interior's Standards for Rehabilitating Historic Buildings (presently codified at 36 Code of Federal Regulations Part 67) and the - - - - - -- Landmarks Preservation Ordinance. (2) The Premises shall be used only for residential purposes, but not for a boarding house, rooming house, or dormitory, and no industrial or com- mercial activities shall be carried on. (3) The Premises shall not be subdivided, nor shall it ever be devised or conveyed except as an unit. (4) No extension of the existing structure or erection of additional structures shall be permitted. (5) In the event of damage to the Premises resulting from casualty loss to an extent rendering repair or reconstruction of the existing improve- ments impracticable, this Deed of Preservation Easement shall remain in full force and effect to govern the erection of a suitable replacement structure, the design of which shall be subject to prior approval by Grantee. (6) In the event this Deed of Preservation Easement is ever extinguished, whether through judical decree cr othE,rwise, Grantor agrees on behalf of herself, her heirs, successors and assigns, that Grantee, its successors and assigns will be entitled to receive compensation, for extinguishment of this Deed of Preservation Easement in amount equal to at least - - -- percent of thE. proceeds realized upon sale or other disposition of the Premises. (7 ) No utility transmi ssi or. lines, excer those required for the exist- ing resider_ce, may be created on said land. (8) No dumping of ashes, sawdust, bark, trash, rubbish or any other unsightly or offensive materials which are visible from public roads or streets shall be permitted on the property. (9) No topographical changes, including but not limited to excavation and the cutting of trees greater than eight inches in diameter (except when dead or dangerously decayed), shall occur upon the property. (10) Grantor hereby agrees that representatives of Grantee, its successors or assigns, shall be permitted at all reasonable times to inspect the -57- property. Inspections will normally take place from the street. How- ever, Grantor agrees that representatives of Grantee, its successors or assigns, shall be permitted to enter and inspect the interior of the improvements on the Premises to insure maintenance of structural sound- ness. Inspection of the interior will not, in the absence of evidence of deterioration, take place more often than annually, at a time mutually agreed-upon by Grantor and Grantee, its successors or assigns. Grantor covenants not to withhold unreasonably, her consent in determining a date and time for such inspections. (11) I.n the event of a violation of any covenant or restriction herein, the Grantee, its successors or assigns, may, following reasonable notice to Grantor, institute suit(s) enjoin such violation by ex parte, temporary or permanent injunction, and require the restoration of the Premises to their prior condition. In the alternative, representatives of the Grantee, its successors or assigns, may enter upon the. Premises, correct any such Violation, and hold Grantor, her successors and assigns, responsible for the cost thereof. Grantee, its successors or assigns, shall also have available all legal and equitable remedies to enforce Grantor's obliga- tions hereunder. In the event Grantor, har successors or assigns, is found to have violated any of her obligations, Grantor shall reimburse Grantee, its successors or assigns, for any costs or expenses incurred in connection therewith, including court costs and attorneys fees. (12) Grantor agrees that these restrictions will be inserted by her in any subsequent deed or other legal instrument by which she divests herself of either the fee simple title to or her possessory interest in the Premises, or any part thereof. (13) Grantee, its successors or assigns, will do and perform at its costs all acts necessary to the prompt recording of this Deed of Preservation Easement among the land records of the -- - - - -in the office of the Recorder of Deeds. (14) Grantee covenants and agrees that it will not transfer, assign or otherwise convey its rights under this Deed of Preservation Easement except to another publicly supported charity or governmental unit whose purpose include historic preservation. Grantee further covenants that if it ever becomes the fee simple owner of the Premises and subsequently conveys same, it will create a new Deed of Preservation Easement contain- ing substantially the same restrictions and provisions as are contained herein and either retain such easement in itself or convey it to a similar local or national organization whose purposes, inter alia, are to promote historic preservation. (15) Grantor, for herself, her heirs and assigns, agrees that the Grantee, its successors or assigns, may provide and maintain a plaque on the street facade of the Premises.not to exceed eight by twelve inches in size, mounted flush on the front exterior of the house, with design approval by the Landmarks Preservation Commission and any other applicable authority pursuant to established procedure, giving notice of the history of the house and the grant of this Deed of Preservation Easement. (16) No other signs, billboards, or advertisements shall be displayed or placed upon said Premises, except (a) such plaques or other markers as are appropriate for commemorating the historic Premises; (b) such signs or markers as are necess the passage of persons or the parking of vehicles (c) a sign or signs stating solely the address of dignified commercial signs or markers identifying tenants of the Premises. -59- importance of the 3ry to direct and restrict upon said Premises; the Premises; and (d) street front retail a ATTAff C T H ' APR 3 1980 SEC cT••..: .- ..ATE ARTICLES OF INCORPORATION OF YAKIMA RIVER REGIONAL G REENTWAY FOUNDATION WE, the undersigned, acting as the incorporators of a corporation under the provisions of the Washington Non - Profit Corporation. Act, adopt the following ARTICLES OF INCORPORATION for such corporation. ARTICLE I. NAME The name of the corporation shall be YAKIMA RIVER REGIONAL GREENWAY FOUNDATION. ARTICLE II. DURATION The period of duration of this corporation shall be perpetual. ' ARTICLE III. DEDICATION This corporation and the purposes for which it serves are dedicatke" to the memory of JUSTICE WILLIAM O. DOUGLAS. ARTICLE IV. PURPOSES The purposes for which this corporation is organized are as follows 1. To acquire and /or sell, or exchange real property, or any interest therein, and to receive gifts, legacies and devises of real or personal property to be used: (a) For providing future park lands and facilities; (b) For the protection of lands including, but not limited to, farm and timber lands, stream valleys, lakes and ponds, in Eastern Washington, and particularly along the Yakima River. (c) For the setting aside of lands in Eastern Washington, and particularly in the vicinity of the Yakima River necessary to assure present and future generations an adequate amount of open land, thus to provide a means for preserving such land for the recreation, exercise, education, research, sustenance, and preservation of historic, heritage or natural areas. -1- .1 a (d) For providing areas for the education of the public in the principals of conservation of historic and natural areas, and for the preservation of interest therein. 2. This corporation in furtherance, and not in limitation of the general powers conferred by the laws of the State of Washington shall also have the following powers: (a) To enter into, make, perform, carry out contracts of every kind for any lawful purpose pertaining to its endeavors with any individual, entity, firm,association, or corporation, or with any governmental, municipal, or public authority, domestic or foreign. (b) To do everything necessary, proper and convenient or incidental to the accomplishment of the purposes and objects of this corporation or which are calculated directly or indirectly to promote the welfare or interest of the corporation. (c) To do any and all of the things in this article set. forth to the same extent that a natural person might do or could do in any parts of the world as principals, agents, contractors, trustees or otherwise, either alone or in company with others, PROVIDED, HOWEVER, that nothing herein contained shall be deemed or authorized to permit the corporation to carry on any business, to exercise any power., or do any act which a corporation formed under the Washington State Non - Profit Corporatiori Actor any amendment thereto, may not at any time lawfully carry on or do. ARTICLE V. RESTRICTIONS 1. In the event of the dissolution of the corporation, all of the assets of the corporation shall be distributed exclusively for the purposes of the corporation to organizations which are exempt at the time of dis- tribution under Section 501 (c) (3) of the Internal Revenue Code. 2. No member of this corporation shall derive any percularily gain or profit incidental or otherwise from the corporation, or the operation thereof, and it is organized for non - profit purposes and no part of any net earnings thereof shall inure to the benefit of any member or other individual, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to -2- -61- make payments and distributions in furtherance of the purposes set forth in the purposes clause of these articles. 3. No substantial part of the activities of the corporation shall consist of attempting to influence legislation or of participating in, or intervening in any political campaign on behalf of or in opposition to any candidate for public office. 4. This corporation is organized to serve public interest. Accordingly it shall not be operated for the benefit of private interest inconsistent with the purposes of the corporation, such as contributors to the corporation or such persons controlled directly or indirectly by such private interests. ARTICLE VI. CORPORATE ADDRESS The principal place of business of the corporation shall be Yakima County, Washington, and the registered agent of the corporation. shall be DOUGLAS PETERS, 115 South 2nd Street, Selah, Washington 98942. ARTICLE VII. CLASS OF MEMBERS The corporation shall have one class of members. The qualifica- tion of members of the corporation shall be set forth under the By -Laws of the corporation. ARTICLE VIII. MANAGEMENT The management of the corporation shall be vested in a Board of Directors. The number of Directors shall be not less than five (5) nor more then twenty -five (25), and may include in addition thereto ex- officio members as are prescribed by the By -Laws of the corporation. The number, qualification, terms of office, manner of election, time and place of meeting, and the powers and duties of the Directors shall be such as are prescribed by the By -Laws of the corporation. ARTICLE IX. AUTHORITY TO MAKE BY -LAWS The authority to make By -Laws of the corporation is hereby vested in the Board of Directors. -3- -62- L ARTICLE X. DIRECTORS The names and addresses of the Directors who will first manage and direct the affairs of the corporation are as follows: NAME ADDRESS DONALD L. MC GUINNESS, M.D. 224 North 22nd Avenue, Yakima, Washington98' GLEN WILLIAMS 601 North 1st Street;= Yakima, Washington 9i DOUGLAS D. PETERS 115 South 2nd Street, Selah, Washington 9894 JOHN E. RUTTER 1209 South 14th Avenue, Yakima, 14ashington 98902 NADINE LEE 1415 South 29th Avenue, Yakima, Washingto:z 98902 RICHARD F. ANDERWALD 2117 Barge, Yakima, Washington 98902 ARTICLE XI. INCORPORATORS The names and addresses of each incorporator of the corporation are as follows: NAME ADDRESS DONALD L. MC GUINNESS, M.D. GLEN WILLIAMS DOUGLAS D. PETERS JOHN E. RUTTER NADINE LEE RICHARD F. ANDERWALD 224 North 22nd Avenue, Yakima, Washington 98902 601 North.lst Street _, Yakima, Washington 98901 115 South 2nd Street, Selah, Washington 98942 1209 South 14th Avenue, Yakima, Washington 9S�`02 1415 Sogtfi 29th Avenue, Yakima, Washington 98902 2117 Barge, Yakima, Washington 98902 DATED this '6/ day of � �, 11980 -63- STATE OF WASHINGTON) ) ss. County of Yakima ) THIS IS TO CERTIFY that on this day personally appeared before meDONAM L.McGOMMS, G104 WILLIAM, DOUGIM D. PL=, JQM E, Rt MEMM, NADDINF LEE and RIC HAM F. &NDE%d+ M, to me known to be the individuals described in and who executed the within and foregoing AI't^tICLES OF INCORPORATION, and acknowledged to me thit they signed the same as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and seal this day of 1980. Notary / b i.c in and or the State of- Washington, residing at Yakima. -5- -64- SECTION V. OTHER HELPFUL SOURCES A. WHATCOM COUNTY RESOURCES 1. LOCAL: CITIZENS In recent years, local groups throughout the nation have taken increasing responsibility for parks, trails, beaches, and support facilities. Without replacing paid employees, volunteers have supplemented government efforts and provided important public services which would not otherwise be provided due to lack of funds. Additionally, an access project can often be a source of funding for volunteer groups and non - profit organiza- tions and at the same time save government money. If this joint endeavor between the public and the private sector was developed, Whatcom County would see an increase in the quality and quanitity of our shoreline accessways and facilities rather than the decrease which threatens us now. Example of possible access program areas are: *Anti- litter /clean beach programs *Safety /security program *Erosion control /landscaping programs *Environmental protection /interpretive programs *Recreational group programs *Special interest group program *Non- profit land trust *New accessway development programs 2. SHORELINE ZONING Insures land use control over shoreline areas. Provides the opportunity to include aesthetic guidelines and standards in criteria for approval of local ordinances. Examples: Maine Mandatory Shoreline Zoning Laws Minnesota Shoreland Management Act Minnesota Surface Use Zoning Act Wisconsin Water Resources Act Washington State Shoreline Management Act 3. ZONING -- *(Applications to Coastal Resource Management) Traditional zoning ordinances achieve some degree of land use control by regulating locations, densities and types of land uses in various districts, height and bulk, lot area covered, setbacks from street and other buildings. *Marine Shorelines Study of Public Access and Recreation Sites in Whatcom County -65- Innovative zoning ordinances can similarly achieve aesthetic goals along with land use control objectives: Planned Unit Development (PUD) allows for variable densities and housing types. Provides opportunity for imaginative site planning and design treatment and for provision of usable open space. Mixed uses allowed within district. Site plan approval tied to performance standards, including aesthetics. Shoreline zoning permits only those uses functionally related upon shore locations. Architectural and scenic controls can be tied to environmental purposes in such zones. Floodplain, wetland and conservancy zoning regulate land uses and development procedures in ecologically sensitive areas. Aesthetic zoning employs permit procedures to control exterior appearance of new development and changes in existing exterior within designated district. Historic district zoning similarly limits changes in exterior appearance and design within designated districts. Transfer of Development Rights (TDR), a relatively new legal concept, considers property rights as mobile in nature; the difference between density allowed under existing zoning and that actually in existence on any given parcel of land, expressed in suitable units such as square feet of building area, constitutes the unused "development rights" which be- come the subject of transfer: such rights may be traded in the private market or sold outright to a public TDR agency. TDR is a flexible way to preserve open space or historic buildings on a given site in return for increased density or height on another site within designated zoning districts. "Floating" or unmapped zones turn zoning into an administrative permit procedure. Districts defined in text of ordinance are not mapped; individual developers must apply for develop- ment project in a specific location. Can be effectively used to influence industrial location, and other large scale residential or commercial projects. Time development regulations place a moratorium on specific kinds of development in a given community. (Such moratoria have been applied to coastal zones in some states as well). Development permits are not granted until conditions, i.e. presence of utilities and services in area, are met. Used to insure orderly growth of towns and to provide for the public health, safety and general welfare. Nonconforming use provisions of zoning ordinances can be used to eliminate unsightly low value uses, i.e. signs, junkyards, dumps, etc. through prohibition of enlargement or resumption of a use after destruction or discontinuance. 4. SUBDIVISION REGULATIONS -- *(Applications to Coastal Resource Management) Municipalities can require developers to dedicate land for open space; however, State enabling legislation may require payment for such land at fair market value for subdivision land. Regulations may govern arrangements of lots and streets. Regulations can require underground utiltities. Subdivision review process allows for detailed review of site plan and design, generally within only minimum standards under provisions of public health, safety and welfare. Deed covenants or bonding, along with site inspections can insure that improvements such as planting, grading, paving, clean up, etc. are made on property. Relationships between subdivision layout and adjacent parcels and street systems are considered. Through device of a "developer impact statement ", muni- cipality can require developer to submit statement describing effect of development on environment, aesthetics, and municipal services and finances. 5. OTHER RESOURCES Land Trusts - Development on properties restricted through private agreements, perhaps in return for reduced assessment. Homeowners Association - Costs of subdivision improvements borne by homeowner fees cover maintenance of open space, pedestrian ways, improvements, plantings, and insure maintenance of residential open space at no cost to the County. Donations of Land - Landowners receive federal tax deductions for charitable donations of land. Particularly useful in case of large estate. Should be encouraged as an alternative to selling the lands for development. Fee Simple Acquisition - Outright purchase of property by Whatcom County or the purpose of shoreline access. -67- B. STATE AND FEDERAL PROGRAMS 1. RECREATION FACILITIES AT NON- RESERVOIR PROJECTS The 1962 Flood Control Act authorizes the provision of recreational facilities at non - reservoir projects constructed by the Corps of Engineers. Matching funds up to 50% of project costs for recreational facility development provided. Local government respon- sible for maintenance of facilities. Applications to Coastal Re5purce Management Creation ot new scenic areas; provision ot access to shore and viewpoints. 2. GREENSPAN PROGRAM Federal grants to local governments to acquire cropland for op sp ace /recreation /conservation uses. Grants provided for up to 50% of acquisition costs. Administered by U.S. Department of Agriculture. 3. LAND AND WATER CONSERVATION FUND (1964) U.S. Department of the Interior, Bureau of Outdoor Recreation Provides federal assistance to states for outdoor recreation projects. 50% matching costs. Provides for acquisition of "areas with frontage on oceans, rivers, streams, lakes, estuaries and reservoirs... areas of land and water along scenic highways... outstanding natural areas and nature preserves, among others." Applications to Coastal Resource Management Conservation of scenic lan s, open space preservation. 4. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM U.S. Department of Agriculture, Soil Conservation Service Initiated, February, 1964. Farmers Home Administration makes resource conservation and development loans to local public agencies or nonprofit organizations for water facility improvements, open space, recreation developments, in rural areas. Maximum loan is $250,000 for project costs. Applications to Coastal Resource Management Conservation of scenic an s; recreation and open space development. 5. HISTORIC PRESERVATION U.S. Department of the Interior and HUD provide matching grants to state and local governments and public and private agencies, for "protection, rehabilitation, .: restoration and reconstruction of districts, sites, building, structures and objects significant to national history, architecture, archaeology or culture." HUD grants under open space program, not currently receiving funds. Applications to Coastal Resource Management Restoration and preservation of significant man -made structures and historic sites. 6. COMMUNITY DEVELOPMENT ACT OF 1974 U.S. Department of Housing and Urban Development New law replaces old HUD Open Space Land Program, as well as several other categorical grant programs; consoli- dation into a single community development block grant program. 100% funds available for the preservation of restoration o:E historic sites, the beautification of urban land, the conservation of open spaces, natural resources and scenic areas, the provision of recreational opportunities and the guidance of urban development. Applications to Coastal Resource Management Conservation of scenic areas; creation of new access to shore areas. 7. PUBLIC WORK AND DEVELOPMENT FACILITIES GRANTS Economic Development Administration Provides funds for public works and development facilities, including recreation development, in areas which suffer unemployment, low family income or both. Applicationsto Coastal Resource Management Development and construction of new recreation facilities. 8. PUBLIC LANDS FOR PARKS AND OPEN SPACE General Services Administration Federal land declared surplus can be sold to agencies at 50% fair market value for public recreational purposes. 9. WILDLIFE RESTORATION FEDERAL AID Bureau of Sport Fisheries and Wildlife Provides cost sharing grants of up to 75% of cost of approved projects initiated by State Came and Fish Departments. Available to states. Applications to Coastal Resource Management Provides for the acugisition ot nature preserves, wildlife refuges and other outstanding natural areas including development of interpretive facilities. .• 10. WATERFOWL PRODUCTION AREAS Bureau of Sport Fisheries and Wildlife Provides for the preservation and maintenance of wetlands habitats for breeding and nesting of waterfowl and to establish a system of public use. Available to local governments and individuals. Application to Coastal Resource Management Conservation of scenic lands; open space preservation; recreation and interpretive development; access to shore areas. - -70- SECTION VI. RECOMMENDATIONS As a result of our efforts to re- examine the shorelines issue, the Board has come to certain conclusions and would at this time make the following recommendations: We recommend that the Whatcom County Council 1. Provide resources to update the marine shoreline study of 1976 and other related planning documents. *A need exists to prioritize access sites. -'Study needs to include all local jurisdictions (cities, Port, park districts, Washington State,.federal lands, Indian Nations). 2. Provide tax saving incentives to the private landowner. *Reduction of land use restrictions as related to shore- line. *Regulations to address land use, bulk restrictions, building setbacks. *Consideration of density in residential. 3. Evaluate all county -owned lands for determination of need for governmental operations. *Over 340 parcels (more than 6,000 acres) are contained in county real estate inventory. *Need to determine which are non - essential. 4. Sell surplus land through carefully established mechanism (Ordinance drawn for this purpose). *Funds from sale of surplus lands should be placed in dedicated Shoreline Capital Trust Fund. -These funds, together with funds from any other sources restricted for acquisition of public shoreline access. *Funds could accumulate and be used for state and federal matching grants. 5. Publish a manual on public access which would cover design and space criteria and list all private landowner incentives. 6. Publish a shoreline access guide to make citizens aware of existing public access areas. 7. Create a maintenance and operation funding program for enhancing public shoreline access. Funds are needed for cleaning and signing (see Appendix 2) suitable road -71- ends and other access points which are presently owned by the County. 8. Co- sponsor a public access workshop in cooperation with the Department of Ecology. This workshop would be a training session on how to get and keep public access. In this way, those local jurisdictions which have not done much with access could find out how it is done, and the more experienced local cities, Port, land trust foundations could learn new and different ways of ob- taining access. 9. Support the Park Department in the creation of a salt- water shoreline alliance. *Concept An alliance made up of Whatcom County citizens, private business, non - profit organizations and local, state and federal agencies formed to analyze and prioritize marine shoreline resources and then develop funding strategies to enhance efforts to acquire and preserve public access to Whatcom County's marine shoreline. The alliance would function with long term goals realizing that this sort of cooperative effort can proceed only with consensus among members. It would operate as a non - profit organization with a large board of directors. An executive committee would oversee short term work packages which would be performed by paid staff of member agencies. *Basic Functions Phase I - Formulation of goals and objectives Phase II - Compilation of necessary studies, inventories, surveys, etc. Phase III - Prioritization of shoreline acquisition needs.. Phase IV - Implementation /Funding *Timetable 1986 - Phase I 1. Presentation of concept /invitation to join. The Whatcom County Council could initiate by forming a small organizing/steering committee made up of: Member Whatcom County Council Member Bellingham City Council Member Blaine City Council Member Port of Bellingham Commissioners Member Council of Gcvernments P'ember Lummi Tribal Council? 2. Presentation to public and potential member agencies, organizations, businesses -- invitation to join. -72- 3. Formulation of alliance= - -by -laws written - -start up funds sought if not acquired as prerequisite to joining. 1987 Phase II, III and IV 1. Data base compiled -- staffs of public agencies and possibly WWU to do leg work under supervision of executive committee. 2. Phase III - Prioritization 3. Begin Phase IV - Implementation- -would include form- ulation of funding strategies- -could include pressure on members to set aside funds in 1988 budget-- atten- tion placed on Washington Statehood Centennial in 1989. 1988 - Phase IV 1. Continue implementation efforts culminating in bond issue in fall. *Possible Alliance Members 1. All incorporated towns - Prorated contributions based on distance from shoreline and population. 2. Whatcom County - Contribution matches cities. 3. Port of Bellingham - Same $ as Bellingham and Blaine combined. 4. State Parks - Clayton Beach, Birch Bay, Clarks Point. 5. D.N.R. - Heritage program, aquatic tidelands program. 6. Lummis - Portage Island Access. 7. Interagency Committee for Outdoor Recreation, State of Washington - Match. 8. Federal Government - Match. 9. Point Roberts Park and Recreation District 10. State Fisheries 11. D.O.E. 12. Council of Governments 13. Private Individuals - Donations 14. Private Sector Businesses - Donations 15. Trion- Profits - National conservancy, `vJhatcom County Land Trust, Audubon Society, etc. 16. General Public - Bond Issue *Shoreline acquisition and development only *Tied to centennial *Sold -on basis cf other funds already gathered and matching potential. 10. Provide necessary resources to the Park Department to accomplish desired goals. The diminishing resources over the past six years has created an unbearable demand on staff. -73- ■u■u■■■u■uur■•■uuu■■ ■■{y/■y r " `� ■■■■u ■� ryRby• l�■Y yy j /■ /�� ` ■■■ ■ �lyY 1 / ■:■tN, lil � \ �� /C�1 //1!�'_}, �'` ;S 7i �J/ /moo ` �� `` j r , Jit 3( 7', 39,) s _ L - �A �� 7 �� z� SHORELINE PUBLIC ACCESS SIGN MANUAL April 19, 1985 Prepared by: James W. Scott Washington Department of Ecology Shorelands Division Mail Stop PV -11 Olympia, Washington 98504 PHILOSOPHY The Department of Ecology to seeks to have the public access logo installed at all public access sites on the shorelines of the State. This includes parks and recreation areas owned and managed by public agencies as well as access areas which are provided as a result of conditions on shoreline.substantial development permits. In the latter instance adequate signs will be required. This includes using the public access logo consistently with the specifications found in this manual. In addition to the above requirements, we encourage all parks and recreation departments and others who provide public recreation areas to use the public access logo in their facilities. The logo should not be used at private, for profit sites. In some instances adjacent private landowners may object to the installation of signs at public access sites. This should not preclude use of the signs unless obvious and unavoidable con- flicts will result. This particular problem usually arises with street ends where the amount of public property is inadequate for public use. In these instances, the local jurisdiction should openly and forthrightly discuss the situation with the landowners and attempt to negotiate a workable solution. One obvious remedy is to install "private property no tres- passing" signs on the boundaries of the public right -of -way. The Department of Ecology does not recommend this solution, because of the possible termination of legal rights the public may have accrued over time under the legal doctrines of custom, prescription or dedication. Public agencies should take every possible step to preserve public rights, not reduce them by installing "no trespassing" signs. 2 SPECIFICATIONS The standarized public access logo is intended to be used alone, with informational additions or incorporated in larger signs. The overall dimensions can be varied up or down to suit circum- stances, and the logo can be manufactured as either a square or rectangle. SHAPE The public access logo is a rectangle with the longer dimension horizontal. It may be modified to a square if that is necessary to be consistent with other graphic signs. COLOR The normal color scheme for the logo is blue background with white symbols and border. Some agencies, upon request, may be permitted to use other color combinations where justified. For example, Washington State Park information signs are brown background with white symbols. It is the department's intent to be consistent with these already established standards. It is also the department's intent to minimize the number of color combinations used for the logo. PROHIBITION SYMBOL The addition of a red slash, descending diagonally left to right across the sign may be used to indicate no beach access. The need for the prohibition sign should be rare and is not recom- mended for common usage. These situations might occur because of rare or endangered species, critical wildlife habitat or where ecosystem restoration projects are ongoing. WDOE recommends that explanation signs be attached to the no access logo in these cases. INFORMATION ADDITIONS The following words are recommended for addition to the graphic sign for an initial period of public familiarization: "PUBLIC SHORE" or "SHORE VIEW" They should not go within the border of the graphic itself but on 3 an extension of the sign below the graphic symbol (see figure 1.). The words "public shore" are to be used where the public can.get to the shoreline itself and the words "shore view" are to be used where the access is a view point. Public use rules information should be added to the sign where conditions such as "daylight hours only" or "access closed at dusk" are part of the access agreement. This information should be on a separate panel mounted below the graphic sign. 1. Background 2. Margin 3. Border and Symbol 4. Shape 5. Size 6. Prohibition Symbol DETAILED SPECIFICATIONS "Royal Blue (FMS # 293) 1/ 1/4 inch White 2/ Rectangular 3/ 14" x 12" 4/ 45 degree, 1 1/2" wide, Top Left to Bottom Right Red 5/ 1/ Washington State Parks and other public recreation agencies may use a brown background. 2/ The border is normally 1/2" wide on a 14" sign but the border may be changed to be consistent with other signs used by the jurisdiction. 3/ The sign may also be manufactured as a true square. 4/ 24" x 24" when used on highways as an informational/direc- tional sign. 5/. The prohibition symbol is applied over a standard access logo to indicate no access. Directional arrows may also be added below the graphic symbol where necessary to point the way to an access. A recommended specification for the arrows is given in figure 2. 4 MATERIALS A variety of materials are used for signs marking public access sites. The design theme of the site n"r customary uses in the area will determine which materials are appropriate. These guidelines are intended to allow substantial sign material flexibility, but the following standards are recommended: Standard aluminum traffic signs should be used on all state, county and urban arterials where the logo may be used. Aluminum signs with dimensions of 24 inches or more should be 0.125" thick, smaller signs may be 0.080" thick. Thinner aluminum may be used if backed up with plywood. Plastic signs should follow similar standards except that because of plastic's inherent greater flexibility it will more often require backing. Where the sign is directly painted on a plywood surface the material should be medium density overlaid plywood with exterior adhesive. FINISH The finish coatings on the jurisdiction and the sign durability and appearance. LETTERING signs should be chosen by the local manufacturer with due regard to The words "PUBLIC SHORE" or "SHORE VIEW" should be of lettering of sufficient size to read from a distance. For signs that will be viewed from a highway the lettering should conform to Series C, D or E lettering of the National Joint Committee on Uniform Traffic Control Devices. Detailed information about lettering, if not available from local public works departments, can be obtained from the Washington Department of Transportation. L Readability standards for Series D lettering can be calculated at the ratio of 50 feet per inch of letter height. For Series C (condensed) the ratio is 43 feet per inch of letter height. Helvetica typeface used by printers can be substituted as it is basically the same as the standard highway sign lettering. SIGN PLACEMENT DIRECTIONAL SIGNS Signs will be needed on major highways and roads to provide advance warning and direction to public access sites. These signs should be installed in conformance with the Uniform Traffic Code and will usually be the responsibility of the state, county or city highway departments. The local parks and recreation departments or shoreline administrator should provide the appropriate specifications and recommendations for the install- ation of these signs. Normally such signs are installed in advance.of the turn and at the point of the turn. Additional signs may be needed as reassurance signs at junctions and other locations where con- fusion as to route may exist. In determining the requirements for these signs, the significance of the access site should be kept in mind. It is not logical to have a series of signs leading to a minor street end, but it would be appropriate to direct people to a major facility such as a public park. MARKER SIGNS Signs should be placed so that people generally unfamilar with the local area can find the public access sites. This means signs must be clearly visible from the nearest public street. Where there are multiple access points to a single access, each access point at its junction with the street should be signed. Generally the public access logo and explanatory information on companion signs should be mounted on a post immediately . within the right -of -way of the access at the point it joins the public street. If that location is not clearly visible from the street, the sign should be moved toward the street to a visible location. The sign should be clearly visible to cars traveling both directions on the street. Where the access is located at the end of a dead end road a sign should be located at the junction of the dead end road with the main thoroughfare. REASSURANCE SIGNS Within the public access the public access logo should be used at regular locations to reinforce the idea the area is a public place. It is especially important to use these signs at points where there may be some question about the extent of public areas vs. the extent of private areas. The reassurance signs may be mounted in various ways but can usually be mounted in a much lower position than marker signs which must be visible from moving automobiles. Reassurance signs are primarily to be viewed by pedestrians only. INSTALLATION Signs should be installed in a sturdy and attractive manner. This will usually mean, when used alone, that the logo will be fastened to a 4" x 4" treated post set in concrete. HEIGHTS Where signs are visible from automobiles The bottom of the sign board should be no less than 4 feet above the road shoulder. Where a cluster (two or more) of signs is used, the center of the cluster should not be less than 4 feet above the road shoulder. Where signs are to be visible only by pedestrians These signs may be mounted on short posts, if aesthetically appropriate, providing the sign can be readily seen by the observer. Generally 30" to the bottom of the sign is a good minimum height to follow. POST BURIAL Posts should be buried to a depth of 1/2 of the post length above ground up to a maximum depth of 4 feet and a minimum depth of 30 ". d Figure 1. SHORELINE PUBLIC ACCESS LOGO AND DIRECTIONAL ARROW SPECIFICATIONS 0 3.. 12" �I 14" 414•• 14" ''Y... V RADIUS + �• % i IADIUS 'r4" BORDER BLUE MITE BLUE WHITE. 2'b" "SERIES C" TRAFFIC LETTERS