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Onshore · 03-19-2008, 10:39 AM

Well, here's where the Shoreland Program stands right now. We will be ready to bring the program on line on April 1 if the law still requires it. The next hearing on the shoreland rules package is this Friday, March 21. The major point of contention has been the establishment of criteria to qualify a project as "vested". Briefly, "vested" simply means that your project is sufficiently underway and thus should not have to obtain the new shoreland permit. This is a dangerously oversimplified explanation but the problem is that the State's attorneys, the attorneys serving as lobbyists for a couple of groups, and the JLCAR's attorneys are still hammering out the criteria for qualifying as "vested". When this is settled DES will have to provide guidance documents explaining what it takes to be "vested" as well as just what being "vested' means. Another significant change that may come out of the last meeting involves the requirement for a stamped surveyed plan. Originally DES only wanted a surveyed plan when there would be more than 20% impervious area. JLCAR heard testimony at the last meeting stating that a surveyed plan should be required for all projects. We frankly do not want those plans for all projects because of the cost associated with obtaining them. However we may need to take the compromise position of requiring them for projects having as little as 15 % impervious. I can not emphasize enough that people take time to go to the rulemaking website listed earlier in the thread and check for the latest version and amendments to see what's coming.

If the Legislature does manage to get the effective date moved then we will of course adjust accordingly. What the Citizen article does not explain is that there may be other changes coming that we will need to address. The amendment to HB 1151 is in large part to allow time for the legislature to debate some other possible changes (including the issue of "vesting") included in another bill. These issues had been being argued/discussed under Senate Bill 417. This bill is being terminated but the same issues will now be heard as part of Senate Bill 352.

BTW while writing this I received word that it is highly unlikely that the House will get to HB 1151 this week and therefore, it will not be heard before their next session which is April 7. That would be after the law takes effect on the 1st...

03-19-2008, 10:39 AM	#17
Onshore Senior Member Join Date: Apr 2004 Posts: 502 Thanks: 12 Thanked 423 Times in 145 Posts	Well, here's where the Shoreland Program stands right now. We will be ready to bring the program on line on April 1 if the law still requires it. The next hearing on the shoreland rules package is this Friday, March 21. The major point of contention has been the establishment of criteria to qualify a project as "vested". Briefly, "vested" simply means that your project is sufficiently underway and thus should not have to obtain the new shoreland permit. This is a dangerously oversimplified explanation but the problem is that the State's attorneys, the attorneys serving as lobbyists for a couple of groups, and the JLCAR's attorneys are still hammering out the criteria for qualifying as "vested". When this is settled DES will have to provide guidance documents explaining what it takes to be "vested" as well as just what being "vested' means. Another significant change that may come out of the last meeting involves the requirement for a stamped surveyed plan. Originally DES only wanted a surveyed plan when there would be more than 20% impervious area. JLCAR heard testimony at the last meeting stating that a surveyed plan should be required for all projects. We frankly do not want those plans for all projects because of the cost associated with obtaining them. However we may need to take the compromise position of requiring them for projects having as little as 15 % impervious. I can not emphasize enough that people take time to go to the rulemaking website listed earlier in the thread and check for the latest version and amendments to see what's coming. If the Legislature does manage to get the effective date moved then we will of course adjust accordingly. What the Citizen article does not explain is that there may be other changes coming that we will need to address. The amendment to HB 1151 is in large part to allow time for the legislature to debate some other possible changes (including the issue of "vesting") included in another bill. These issues had been being argued/discussed under Senate Bill 417. This bill is being terminated but the same issues will now be heard as part of Senate Bill 352. BTW while writing this I received word that it is highly unlikely that the House will get to HB 1151 this week and therefore, it will not be heard before their next session which is April 7. That would be after the law takes effect on the 1st...