Frequently Asked Questions

Below are some of the questions we frequently hear from the community as they relate to the goals and impacts of the Shoreline Master Program periodic update. If your question is not answered below, please feel free to ask on our Contact page.


What is a Shoreline Master Program?

The Shoreline Master Program (SMP) is a combination of planning and regulatory documents. SMP documents carry out the policies of the Shoreline Management Act (SMA) (RCW 90.58). The SMA applies to all shorelands and Shorelines of the State on waterbodies meeting size and flow requirements as defined by the SMA. Local governments are required to prepare SMPs based on state laws and rules. SMPs are prepared to implement the SMA to prevent “harm caused by uncoordinated and piecemeal development of the State’s shoreline.” Local SMPs are tailored to local geographic and environmental conditions, as well as to existing and future planned development patterns within the shoreline.


What are “buffer” zones?

Buffer zones are a strip of vegetation at the water’s edge that typically extends between 50-150 feet. Several activities are restricted within the buffer zone to protect habitat for fish and wildlife and water quality. If the buffer zone has been damaged or destroyed, consult with the City, Department of Fish and Wildlife, and the Department of Ecology to develop a plan to re-naturalize the shoreline with native plants.


Aren’t requirements for shoreline vegetation buffers a “taking” of private property rights?

No. The U.S. Constitution allows state and local governments to limit private property activities provided it’s for a legitimate public benefit and they do not derive the landowner of all reasonable use of the property. Buffers do not deprive landowners of all reasonable use of their property, and, in fact, all property tends to benefit from reasonable setback and buffers. In those limited instances where the buffer precludes or significantly interferes with a reasonable use, the property owner may obtain a variance.


What is the timeline for public participation?

The following is a general timeline including anticipated public participation opportunities. Moses Lake will coordinate with the Washington State Department of Ecology throughout the process. A detailed timeline will be posted and maintained on the Process page.

 
January 2022 Survey roll-out
February 2022 Open house hosted by Planning Commission
  Ongoing website management and posting
  Agency/stakeholder meeting
  Workshop with the Planning Commission
March 2022 Complete SMP text amendments
  Send SMP amendments to Departments of Commerce and Ecology with 60‑day notice of intent to adopt
  Issue a 30-day joint public notice
  Issue SEPA threshold determination
April-May 2022 Joint Planning Commission/Ecology public hearing
May 2022 Submit application for initial determination from Ecology
May-June 2022 Finalize SMP text amendments
June 2022 Submit application for final determination from Ecology
  Final Ecology approval and SMP adoption
August 2022 City Council adopts final plan via ordinance

What is my role in the process?

The entire SMP update process is required to be coordinated with local citizens and interest groups to solicit input. An SMP and its regulations may affect shoreline uses and properties, including buffer widths and mitigation requirements. It is vital that property owners and citizens participate in the SMP periodic update to convey opinions about the future of their shorelines.


Will the SMP impact my ability to protect my property?

Under the provisions of the new SMP, existing single-family homes are “grandfathered.” New single-family development is exempt from receiving a shoreline permit, within standards outlined in state law. New single-family and other shoreline development will need to comply with the updated SMP and regulations, whether or not a permit is required. Expansions or modifications to existing homes will need to comply with the updated SMP, including fences, docks, bank stabilization, and landscaping.


What can I do to stabilize my shoreline to avoid erosion from wind and waves?

Imitate nature by using native vegetation around the shoreline to help build structural integrity and prevent the land from breaking apart. The deep roots of these plants help protect the land from wind and wave action which cause erosion. In addition, you are providing habitat for fish and wildlife. Placing stone and vegetation rip rap to stabilize the shoreline should only be considered in natural methods are not feasible. This technique needs a stable underlying soil base and can be difficult to put in place. An unfavorable shoreline stabilization method is the construction of bulkheads and retaining walls which require a geotechnical analysis to demonstrate it is the only method to prevent erosion. It has been found that the method of constructing bulkheads and retaining walls end up increasing erosion eventually.


What does "no net loss" mean?

The new environmental protection standard for updated SMP is “no-net-loss of shoreline ecological functions.” When an SMP is adopted, existing ecological conditions along the shoreline must be protected, while development of shoreline areas is continued in accordance with adopted regulations. This is accomplished by following mitigation sequencing which is avoiding, minimizing, and mitigating.