Bainbridge SMP Violates Guidelines, the SMA, Washington State Constitution and US Constitution

The SMP pays lip service to SMA goals of control over new development and protection of private property rights, but the actual goals evidenced by its regulations are (a) to eliminate all currently existing shoreline uses and structures – to effectively convert the shoreline into a public park; (b) to stop all new development and remodeling/rebuilding; (c) to force an extreme level of restoration on all shoreline homeowners (i.e., not just on the owners of new homes); (d) to eliminate all existing bulkheads and ban all new ones; (e) to eliminate all private single-family use docks, piers and floats; (f) to increase public access over private land to private beaches; and (g) to convert private beaches into public beaches.

In short, the Bainbridge SMP is the poster child for what Justice Holmes described in Pennsylvania Coal Co. v. Mahon as when a “regulation goes too far.” So far, in the realm of shoreline regulation, there has been no such overview case – this is it.

The attached document gives many of the specific sections in the SMP which violate the DOE Guidelines, the SMA, the Washington State Constitution and the US Constitution . These are the areas the DOE is interested in hearing about at the Public Hearing at 7 on July 31 and comments sent to the Barbara Nightingale Barbara.Nightingale@ecy.wa.gov

Bainbridge SMP Issues

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