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Considering the Public Access Mandate
Focus on Industrialand
Working WaterfrontsWorking Waterfronts
and Waterways SymposiumSeptember 29, 2010
Nicole FaghinAECOM Design + PlanningSuze Woolf
“The public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally.“
Suze Woolf
What is this About?
• Access
• Public Trust Doctrine
• How it Relates to the Shoreline Management Laws and Regulations in Washington State
• Permit Requirements
• Our Project – Creating Physical Public Access in Industrial and Commercial Areas
Why is it an Issue?
• Unlike some coastal states, Washington's tidelands and beaches are not all in public ownership.
• Today, an estimated 60 to 70 percent of Washington’s tidelands are in private hands.
• Public access is available only to about 30 percent of the state’s shorelines, though actual access is even less.
What is Public Access?
“the ability of the general public to
reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations”
Washington State Law
• The waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses.
• Private ownership of the underlying land does not invalidate this trust.
Public Trust Doctrine
Suze Woolf
WA Shoreline Management Act Structure
• Washington Department of Ecology Regulations
• State requirement to create Shoreline Plan
• Local Jurisdictions (cities and Counties) create plans following guidelines
• State approves local plan
• Local Implementation: Permit Authority
Caveat: State approval of
Shoreline Permits with
Variances, Review of
Conditional Permits
Where does it apply in Washington State?
• Marine waters below OHW (ordinary high water)
• Shorelands 200 feet landward of edge of these waters.
• Land associated by wetlands or 100 year floodplain
Shoreline Management Act Jurisdiction
WA Shoreline Management Act
The SMA requires Shoreline Master Programs (SMPs) to include public access elements to provide for public access to publicly-owned shorelines and to preserve and enlarge recreational opportunities. RCW 90.58.100
Qualifying Language…
• Public access is not required “where it is demonstrated to be infeasible due to reasons of incompatible uses, safety, security or impact to the shoreline environment or due to constitutional or other legal limitations that may be applicable”
Washington Shoreline Permit Issues
• Shoreline Substantial Development Permit
• Permit Conditions
• Water – Dependency Analysis
• Escape Clause – safety and security
Suze Woolf
Our Project
How can physical public access to the shoreline in industrial areas
be provided in a manner that is inviting and safe for the public,
yet at the same time does not unreasonably present a liability concern, interfere with industrial activities, or pose a
security threat?
What are key issues?
• Public safety and liability
• Public interfering with industrial activities
• Security of industrial facilities
• Creating an inviting physical public access site in an industrial setting
Study Design
• Planning Considerations
• Design Considerations
• Legal Implications
• Case Studies– Seattle
– Renton
– Spokane
– Port Angeles
– Everett
Case Study Locations
Everett, WA
Seattle, WA
Port Angeles, WA
Renton, WA
Spokane, WA
Washington State
Case StudiesHuntington Park – Spokane, WA
• Owned and maintained by Avista Power Company for public use
• Offers opportunities for viewing urban wildlife
• Contains a fenced promenade near the falls
Huntington Park – Spokane, WA
Huntington Park – Spokane, WA
Terminal 105, Seattle, WA
T 105, Seattle, WA
• 1.2 acre park
• 220 feet of shoreline access
• 50 Foot Fishing Pier
• Boat Launch
• Salmon Habitat
• Paved pathway, restrooms and parking
Case Studies Port of Seattle T – 105T 105, Seattle, WA
Case Studies
• Renton
Seattle Seahawks Training Facility, Renton, WA
Seattle Seahawks Training Facility, Renton, WA
• Brownfields clean up site
• Limited access to shoreline in Renton
• Access combined with restoration and dock facility
Seahawks Training Facility -RentonSeattle Seahawks Training Facility, Renton, WA
Boeing Facility, Renton, WA
Case Studies
• Everett
Valley Creek Estuary Park, Port Angeles
Valley Creek Estuary Park, Port Angeles
• Creek Restoration• Shoreline Restoration• Volunteer Efforts Combined
effort between the City of Port Angeles and other local organizations.
•Amenities: Pavilion, viewing tower, bridge, benches, access to Waterfront Trail and Beach Access.
Valley Creek Estuary Park, Port Angeles
Pidgeon Creek Trail, Everett, WA
Pidgeon Creek Trail, Everett, WA
• Fee In Lieu Program between Port and City
• Trail and beach protected from secured industrial Port terminal operations by a fence
• 0.6 miles long trail
• Two picnic tables and benches are located
at the beach site
Pidgeon Creek Trail, Everett, WA
Issues to Consider
• Where are the opportunities?
• Where is not practicable, and why?
• Are there restoration opportunities to link with the access?
• Is there an opportunity for Fee in Lieu type program?
• What are other sources of funding?
• What are politics?
What are your thoughts?
Nicole Faghin: [email protected]
Anne Wessells: [email protected]
Suze Woolf
