HomeMy WebLinkAbout02-01 - Res. Authorizing Appeal of Shoreline Master Program Guidelines Resolution No . r a
RESOLUTION AUTHORIZING APPEAL OF SHORELINE
MASTER PROGRAM GUIDELINES ADOPTED BY THE
WASHINGTON DEPARTMENT OF ECOLOGY ON
NOVEMBER 29 , 2000
WHEREAS , the Washington State Department of Ecology has adopted on November
29 , 2000 , final rules for the Shoreline Master Program Guidelines , and ;
WHEREAS , the new Shoreline Master Program Guidelines adopted by the Washington
State Department of Ecology will upon implementation have a substantial adverse
impact on the citizens , land owners and economic development of Mason County , and ;
WHEREAS , it is the view of the Board of County Commissioners that the Washington
State Department of Ecology exceeded its authority as granted by the Legislature of the
State of Washington in adopting the new Shoreline Master Program Guidelines and
failed to follow proper procedures in the consideration drafting an adoption of the new
Shoreline Master Program Guidelines , and ;
WHEREAS , it is also the view of the Board of County Commissioners that the required
implementation by Mason County of the new Shoreline Master Program Guidelines
require a substantial expenditure of County funds and constitute an unfunded mandate
contrary to Initiative 601 , and ;
WHEREAS , a group of local governments and associations have filed an appeal at the
Shorelines Hearing Board of the new Shoreline Master Program Guidelines including ,
but not limited to , Grays Harbor , Pacific County , City of Hoquiam , City of Ocean Shores ,
City of Westport , the Association of Washington Business , the Washington Association
of Realtors , the Washington State Grange , the Washington Cattlemen Association , the
Associated General Contractors , National Association of Office and Industrial
Properties , the Washington State Farm Bureau , and the Building Industry Association of
Washington , and ;
WHEREAS , joining the appeal of the new Shoreline Master Program Guidelines must
occur no later than January 17 , 2001 , now therefore ;
IT IS HEREBY RESOLVED by the Board of County Commissioners for Mason County
that Mason County will join with the above- named associations and organizations and
other governmental entities in appealing the new Shoreline Master Program Guidelines
as adopted by the Washington State Department of Ecology on November 29 , 2000 .
IT IS FURTHER RESOLVED AND ORDERED that the law firm of Perkins Cole , L . L . P .
to file an appeal with the State Shorelines Hearing Board in concert with the Association
of Washington Business , and other named entities on behalf of Mason County .
IT IS FURTHER ORDERED that a participation agreement shall be prepared
concerning this appeal which shall be reviewed and approved by the Prosecuting
Attorney providing for a concerted appeal of these new shoreline guidelines at no cost
to Mason County . Subject to the approval of such participation agreement , Mason
County ' s participation as appellate shall be without cost and Mason County shall at all
times be able to withdraw its participation or proceed in its appeal independently at its
discretion .
Approved and Accepted this 's % day of , 2001 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY , WASHINGTON
Mary Jo Cady;; hairperso
ATTEST :
-� Herb Baze , Commissioner
Rebecca S . Rogers , Clerklof the Board
APPROVED AS TO FORM :
Wesley E . Johnson ,' Commissioner
rosecutingl �^' /