Hasn’t the City’s SMP been challenged and overturned in court?


Preserve Responsible Shoreline Management (PRSM), et al, and Kitsap County Association of Realtors (KCAR) filed an appeal of the City’s SMP in October 2014. In April 2015, the Growth Management Hearings Board concluded that the Petitioners failed to provide clear and convincing evidence demonstrating that the City’s SMP was inconsistent, or failed to comply, with the Shoreline Management Act or applicable guidelines. The Growth Management Hearings Board ruled overwhelmingly in favor of the City, denied the appeal and dismissed the case. The same petitioners subsequently filed a Petition for Review with the Kitsap County Superior Court in May 2015. A briefing schedule has not been set.

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1. Hasn’t the City’s SMP been challenged and overturned in court?
2. Aren’t requirements for shoreline buffers and setbacks a “taking” of private property rights?
3. We keep hearing that the SMP has drastically lowered our property values and will make it extremely difficult to sell our home. Is this true?
4. Can I be fined for not getting City approval for everyday activities?
5. Do I need City approval to maintain my yard?
6. Can I make changes in my garden without City approval?
7. Do I need City approval to prune my trees?
8. If I remove a hazard tree (dead, diseased or dying), do I have to leave it in my yard?
9. Is the goal of the SMP to phase out all single-family docks over time?
10. Is the intent of the SMP to phase out all homes & docks on the shoreline over time?
11. Can I replace my bulkhead under the new SMP?
12. I keep hearing that the new SMP made virtually every home along the shore “non-conforming.” Is this true?
13. How is my existing shoreline home affected by the new buffer standards in the updated SMP?
14. Can I rebuild my house in the same location if it burns down?
15. If my home is unoccupied for 12 months in a row, do I forfeit the right to live in my house?