Law Seminars International Presents: A Comprehensive One-Day Seminar on

Shoreline Management & Permitting
Regulatory requirements, policy issues and strategies for updating shoreline master programs



December 12, 2012
Washington State Convention Center in Seattle, WA

Who Should Attend

Attorneys, local government staff and decision makers, shoreline property owners, environmental managers, real estate and land use professionals, consultants and planners, Tribal officials

Why You Should Attend

In 1971 Washington voters approved the Shoreline Management Act (SMA) as an alternative to a citizen's initiative entitled the Shoreline Protection Act. Forty years later, local governments are updating their shoreline master programs to comply with the first comprehensive shoreline guidelines since the SMA was enacted. These updates will revisit and resolve regulatory and non-regulatory issues related to the development, management, and protection of the State's major freshwater and saltwater shorelines. These issues are important to the state's environment and economy and to a variety of stakeholder interests including shoreline property owners, local governments, tribes, and to environmental groups.

Attend this workshop to hear from leading experts regarding the update process, regulatory requirements, and major policy issues. Learn how to navigate the challenges of this complex yet critically important area of the law.

~Tadas Kisielius, Esq., Van Ness Feldman GodonDerr, and Charles A. Klinge, Esq., Groen Stephens & Klinge LLP, Program Co-Chairs

What You Will Learn



Agenda

Wednesday, December 12, 2012

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

Tadas Kisielius, Esq., Program Co-Chair
Van Ness Feldman GordonDerr / Seattle, WA

Charles A. Klinge, Esq., Program Co-Chair
Groen Stephens & Klinge LLP / Bellevue, WA

 
8:45 am

Status Report on the SMA, Shoreline Guidelines, and the Master Program Update Process

Current state of statutory and regulatory requirements; tension points in the regulatory structure that give rise to issues in specific areas

Charles A. Klinge, Esq., Program Co-Chair
Groen Stephens & Klinge LLP / Bellevue, WA

 
9:30 am

When Public Access Requirements go too Far

Unlawful infringement on private property rights

Alexander (Sandy) W. Mackie, Esq.
Perkins Coie LLP / Seattle, WA

 
10:00 am

Break

 
10:15 am

Understanding and Implementing the "No Net Loss" Standard

The legal standard for protecting critical areas in the shoreline; application at the shoreline level or on a project-by-project basis; whether the standard applies to existing development; relating no net loss, mitigation and restoration efforts.

Peter Skowlund, Shoreline Planning Policy Lead
Washington State Department of Ecology / Olympia, WA

Practical tips for doing the analysis: Inventories as the baseline for moving forward; urban vs. rural analysis in approach and level of detail; dealing with the tension between financial limitations and necessary quality for the analysis

Ikuno Masterson, AICP LEED AP, Director, Community Development
Environmental Science Associates / Seattle, WA

 
11:30 am

Critical Areas, Floodplains, and Overlap With FEMA Requirements

The implications of FEMA's implementation of the NFIP BiOp and floodplain mapping revisions on the SMA; local jurisdiction's efforts to incorporate the BiOp through SMP updates; impacts on shoreline development projects.

Molly Lawrence, Esq.
Van Ness Feldman GordonDerr / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Existing Development: Resolving Issues Relating to Setbacks, Buffers and Vegetation

Primary concerns and preferred solutions from Ecology's perspective; dealing with setbacks for existing industrial uses; tips for land owners in working through the review process

Geoff Tallent, Shorelands Program Regional Manager
Washington State Department of Ecology / Olympia, WA

Local government perspective

Kamuron Gurol, Assistant City Manager, Director
City of Sammamish - Community Development / Sammamish, WA

Environmental advocate perspective

Tim Trohimovich, Esq., Director, Planning and Law
Futurewise / Seattle, WA

Property owner perspective

Brian T. Hodges, Esq.
Pacific Legal Foundation / Bellevue, WA

 
3:30 pm

Break

 
3:45 pm

Cumulative Impacts Analysis

Differences in how SEPA, NEPA, and the Shoreline Management Act apply the concept; lessons from recent cases; project level permitting and how that is playing out; cumulative impacts as independent grounds for denial

Tadas Kisielius, Esq., Program Co-Chair
Van Ness Feldman GordonDerr / Seattle, WA

 
4:30 pm

Nonconformities: New Rules Spawn More Problems

Legal issues related to nonconforming uses, nonconforming structures, SSB 5451, the maintenance exemption, and interference with property rights.

Aaron Laing, Esq.
Schwabe Williamson & Wyatt / Seattle, WA

 
5:00 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for this program is $545 with a group rate of $410 each for two or more registrants from the same firm. For government employees, we offer a special rate of $365. For students and people in their job for less than a year, our rate is $272.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Thursday, December 6, 2012. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE and 6.5 (incl. 1.5 law) AICP CM credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The workshop will be held at the Washington State Convention Center at 800 Convention Place in Seattle, WA 98101.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $555. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Tadas Kisielius, Program Co-Chair, member, Van Ness Feldman GordonDerr, represents clients on issues pertaining to land use and water resources law. He drafts, adopts and defends regulations required by the GMA, SMA and SEPA, and secures land use approvals for development projects.
Full bio and contact info for Tadas Kisielius at Van Ness Feldman GordonDerr

Charles A. Klinge, Program Co-Chair, partner at Groen Stephens & Klinge LLP, specializes in land use litigation. He has represented property owners, developers, and builders in courts and before administrative agencies for over 10 years.

Kamuron Gurol is Assistant City Manager and Community Development Director for the City of Sammamish. Previously, he worked as a corridor planning manager for the Washington State DOT Urban Planning Office, as Director of the Kitsap County Department of Community Development and Manager of the Snohomish County Planning Division.

Brian T. Hodges, Managing Attorney, Pacific Legal Foundation's Northwest Center, concentrates on regulatory takings, due process, land use, water law, environmental law, growth management, Indian law, and administrative law.

Aaron Laing, shareholder, Schwabe Williamson & Wyatt, focuses on land use and litigation, assisting owners and developers on vesting, boundary disputes, SEPA mitigation, rezones and regulatory takings.

Molly Lawrence, partner, Van Ness Feldman GordonDerr, focuses on land use law, drafting new and revised development regulations and agreements, and counseling on flood hazard regulations. She is listed in Best Lawyers in America and is a Washington Super Lawyer.
Full bio and contact info for Molly Lawrence at Van Ness Feldman GordonDerr

Alexander (Sandy) W. Mackie, partner, Perkins Coie LLP, focuses on land use and environmental law policy and practice. His clients include counties and private companies. He is listed in Best Lawyers in America and is a Washington Super Lawyer.
Full bio and contact info for Alexander (Sandy) W. Mackie at Perkins Coie LLP

Ikuno Masterson, AICP, LEED AP, is Director of Community Development for Environmental Science Associates, NW Region. Experienced in land use and environmental policy, planning, and regulatory compliance she is currently assisting the City of Tacoma and Clark County with their SMP Updates.

Peter Skowlund, Senior Environmental Planner, Washington State Department of Ecology's Shorelands and Environmental Assistance Program, is responsible for statewide implementation of the Shoreline Master Program Guidelines.

Geoff Tallent is the Shorelands Program Regional Manager at the Washington State Department of Ecology.

Tim Trohimovich is Director of Planning and Law at Futurewise, a citizens' group that promotes healthy communities and cities, while protecting working farms and forests.