by Bob Myhr

County Council

There has been a lot of confusion about the CAO and how the critical areas restrictions will affect the uplands and shorelines.

However, all agree that we want to do as much as we can to maintain a good supply of fresh water for our wells, have good crab harvests for residents, restore local bottom fish and salmon stocks, and protect the outstanding natural values of the San Juans. We also want to make sure that regulations do not intrude on our rights to enjoy our property.

Our citizens in San Juan County have an excellent conservation ethic and desire to keep the San Juans the special place that it is. Property owners take care of their property, and they avoid actions detrimental to both their property values and our islands’ environment. Our current critical areas regulations are well accepted and followed. We in San Juan County also are required by the state Growth Management Act (GMA) to review and update our county regulations for the protection of critical areas with a new CAO.

Our current process is to handle the uplands critical areas first as we complete our CAO as required under the Growth Management Act (supposed to have been completed by 2006, now will likely be completed in 2010).

We will then address the shoreline CAs as we redo the county’s Shoreline Master Program update (2010-2012) required by state law.

There have been several court cases trying to clarify the differences between what rules apply to the uplands (beyond 200 feet from the shoreline) and what ones apply to the shoreline (within 200 feet of ordinary high tide), and the legislature will ultimately address the potential conflicts. In the meantime, our county attorney has advised us to do the CA-uplands portion separate from the shoreline CAs. Hence, we are on that track. There will, ultimately, have to be some consistency between the CAO and SMP.

To repeat, GMA requires we have a CAO, so we are working on it to meet the requirements of the statute. The driver is state law and the need for the county to be in compliance with the law. We cannot “just ignore it.”

A new CAO continues in DRAFT form. There have been several public meetings on the subject. There will continue to be more public meetings and public hearings before the San Juan County Council adopts a new CAO. I am confident we will ultimately have minor adjustments to existing county regulations for critical areas that do not diminish property rights’ interests, property values, nor revolutionize or radicalize our approach for the protection of our critical areas. We will be looking at an overall approach to protection of the critical areas and an approach that may be “tailored” to specific parcels, all consistent with best available science. Our approach will also be consistent with the views of all of our citizens and property owners who are overwhelmingly committed to protection of our freshwater resources, wildlife habitat, and natural value of our islands.

Full background information is easily found on the county website: Sanjuanco.com.

Bob Myhr is a council member, district 6.