(Authorizing appeal of Shorelines 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 Skamania County; and
WHEREAS, 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 Skamania 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 County, 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, BE IT RESOLVED by the Skamania County Board of Commissioners that Skamania 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; and
BE IT FURTHER RESOLVED AND ORDERED that the law firm of Perkins Coie, 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 Skamania County; and
BE IT FURTHER RESOLVED 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 the these new shoreline guidelines at no cost to Skamania County. Subject to the approval of such participation agreement, Skamania County's participation as appellate shall be without cost and Skamania County shall at all times be able to withdraw its participation or proceed in its appeal independently at its discretion; and
BE IT FINALLY RESOLVED THAT THE Prosecuting Attorney, Bradley W. Andersen, is designated as the County’s representative to the litigation’s Advisory Group.
Passed in open session this 5th day of January, 2001.