Prosecutor:
DOE 'gutted' county floatplane regulations
posted 03/19/01
San Juan County commissioners last week unanimously determined the Department of Ecology's response to the county's new floatplane regulations can't fly here and need to be reviewed again by the state agency.
Board of County Commissioners Chair John Evans, who noted the county was not directed to regulate floatplanes but elected to do so, said: "What they (DOE) came back with is totally unworkable. It effectively bans floatplanes in San Juan County."
"They gutted the county's regulations and set up a system that is unworkable and unenforceable," said county Prosecutor Randy Gaylord.
DOE recently approved the county's amendment to its floatplane facilities section of the county Shoreline Master Program, provided changes were adopted, including:
Redefining regular use from "daily commuter use" to "weekly or more frequent (use) and is not necessarily continuous throughout the year."
Extending prohibition of floatplane access from county road ends and county parks and public freshwater shorelines to requiring a variance to access or moor floatplanes within 100 yards of those areas.
Requiring fuel spill and oil spill clean-up equipment, safety and firefighting equipment at all floatplane facilities. The county planned to require such equipment only for facilities subject to shoreline conditional-use permits.
Gaylord said the commissioners could agree to changes, submit an alternate proposal or ask for another review.
"I plain won't do it," Evans said of adopting DOE's recommendations.
"We need to defend what we did," said Commissioner Darcie Nielsen.
"I agree," said Commissioner Rhea Miller. "What we have is fine."
Evans believes the county is in a strong position to argue its case since it could revert to previous, less strict floatplane regulations. "We should tell them (DOE): ’Please accept what we've done, or we're going to remain silent, like the rest of the state.’"
Previous stories
Commissioners affirm floatplane settlement
posted 09/20/00
San Juan County Commissioners unanimously approved amended regulations for floatplanes yesterday, Sept. 19. Their vote affirms a settlement reached with floatplane operators in 1999.
Commercial and private floatplane pilots argued the county Planning Commission's recommendation -- which would limit floatplane access to commercial or public moorage marina facilities or private marinas -- was unreasonable. Opponents of the settlement said the planning commission's suggestions reflect most residents' wishes.
Floatplane restrictions debated today
By Sharon Kivisto
posted 09/19/00
What restrictions should be placed on floatplanes in San Juan County? The Board of County Commissioners will hold a public hearing on this issue at 1 p.m. today, Sept. 19 in the commissioners hearing room.
Last year, San Juan Floatplane Defense Group, Washington Seaplane Pilots Association, and Kenmore Air, Inc. filed an appeal of the 1998 Comprehensive Plan's floatplane regulations. Concern over the definition of "regular use" and "community dock" led to the appeal. A settlement agreement was reached in exchange for revisions to the county Comprehensive Plan. Appeals filed with the Western Washington Growth Hearings Board and in Skagit County Superior Court were dismissed without prejudice.
San Juan County Planning Commission held a public hearing Aug. 18 and wrote their own revisions.
The BOCC will hear public testimony and will review both versions of the proposed regulations.
The settlement version says regular means a pattern of use that is intensive and sustained. For example, daily commuter use shall be considered regular. Community dock would be defined as a dock serving three or more residential waterfront properties or a subdivision or short subdivision.
The Planning Commission recommends limiting float plane access to commercial or public moorage marina facilities or private marina facilities.
The text of the
proposed changes are available on the county's Web site.
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