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DATE November 19, 1981 INTRODUCED BY Iianse
PROPOSED BY Hanse
RESOLUTION NO. 81 -57
A RESOLUTION RELATING'TO THE RECENTLY
ADOPTED WHATCOM COUNTY SHORELINE
MANAGEMENT PROGRAM AMENDMENTS
WHEREAS, Whatcom County adopted fifteen (15) amendments
to its Shoreline Management Program after extensive Public
hearings and recommendations by the Planning Commission,
in accordance with State Law, and
WHEREAS, the Department of Ecology has denied approval of
eleven (11) of these amendments, and
WHEREAS, the. Shoreline Management Act clearly states that
Shorelines are to be managed on a co- operative program
between local government and the State and the local
government shall have the primary responsiblity of ini-
tiating and administering the program and the State is
to apt primarily in a supportive and review capacity
(R.C.W. 90.58.040), and
WHEREAS, the appeals procedure by a local government to
the State Department of Ecology is vague and undefined
under the Shoreline Management Act according to the
Director of Ecology, and
WHEREAS, the Department of Ecology Director has offered
to work with Whatcom County to develop alternative amend-
ments which would satisfy the needs of the County and be
satisfactory to the Department of Ecology, and
WHEREAS, the time and method of further appeas and /or
negotiations is unknown at this time and will not be
known until decisions are made by the State Attorney
General or a State Superior Court.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County
Council hereby requests the County Executive, with assistance of
the Prosecuting Attorney's Office, take the following actions:
1. Immediately take any and all necessary steps to perfect
the County's right to appeal the decision of the Director of Ecology
including filing notice of appeal to the Shorelines Hearing Board
and, if necessary, filing notice of appeal to the Superior Court of
Thurston County if the Prosecuting Attorney deems that step
necessary to protect the rights of the County.
PASSED this 3r
ATTEST: Joan Ogden
Auditor & Ex- officio
Clerk of the Council
By: v
Deputy
day of December 1981
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
1 �
Shirley Vab Zan en, Chair