Working with CAOs during SMP updates Draft Policy Guidance July 19, 2007 Matt Niles Shorelands and Environmental Assistance (SEA) Program.

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Presentation transcript:

Working with CAOs during SMP updates Draft Policy Guidance July 19, 2007 Matt Niles Shorelands and Environmental Assistance (SEA) Program

Where we’re at Initial draft developed and sent to external review panel for review Comments received and incorporated into draft Final draft being finalized internally Will be incorporated into SMP Handbook update, Ecology website

Topics covered CAO integration options CAO/SMP jurisdiction transfer timing “Equal protection” requirement Critical areas not addressed by SMA/Guidelines (CARAs) Jurisdiction issues GMA/Guidelines science standards Additional sources of guidance/info

CAO integration options Basic guidance: Three basic integration options: Stand-alone SMP Incorporate parts of CAO by reference Incorporate SMP into existing plans and regs Pros, cons, examples of each option Talk to Ecology early about integration approach, ideally during CAO update process Comments: Need more/better examples of each scenario More citations of SMA/WAC authority

CAO/SMP jurisdiction transfer timing Basic guidance: When Ecology approves a comprehensive SMP update, CAO no longer applies Transfer happens upon adoption of SMP, regardless of whether CAO was integrated or not Comments: Better explanation of the “dual-coverage” issue (see jurisdiction section)

“Equal protection” requirement Basic guidance: Because the CAO goes away, SMP must provide equal protection to critical areas within shorelines SMP standards do NOT need to be numerically identical, just functionally equal Comments : Need more/better examples of what IS and what IS NOT equal Explain HOW to demonstrate equivalency

Critical areas not addressed by SMA/Guidelines (CARAs) Basic guidance: Because the CAO goes away, and because the SMP needs to provide equal protection, CAO provisions for “non-SMA” CAs must be transferred to SMP Comments: Is that really what the GMA/SMA say about those CAs?

Jurisdiction issues Basic guidance: SMA jurisdiction may be extended to include CAs and buffers Wetlands partially in = totally in Other CAs: potential split coverage of CA between SMP/CAO Graphic illustrating basic scenario Comments: Need more/better examples of each scenario, especially re: floodplains and non-wetland CAs More/better graphics showing each scenario

GMA/Guidelines science standards Basic guidance: If integrating CAO, needs to meet Guidelines science standard If CAO science outdated, needs to be brought up to Guidelines standard before SMP can be approved BAS at time of CAO adoption not necessarily good enough Talk to Ecology early in CAO process to verify adequacy of CAO science for SMP purposes Comments: Need more/better examples of each scenario More citations of SMA/WAC authority

Additional sources of guidance/info Links to additional information: Questions and Answers on ESHB 1933: Critical area protection under the Growth Management Act and Shoreline Management Act Shoreline Management Act Growth Management Act SMP Guidelines Ecology working with CTED to include Guidance in CA Assistance Handbook

Next Steps Finalize draft Post on web Incorporate into SMP Handbook update

Questions/Comments Send questions, comments, suggestions, sample language, or ideas to: Matt Niles