Tahoe planning agency to appeal shorezone ruling
The Tahoe Regional Planning Agency Governing Board has agreed to appeal to the 9th Circuit District Court a September federal district court ruling that struck down updated ordinances for the shorezone of Lake Tahoe, according to its website.
"We feel there is substantial case law that supports the analysis TRPA used to inform the shorezone amendments," TRPA General Counsel Nicole Rinke said. "The amendments were the result of a twenty-plus year stakeholder process and represents a reasonable approach to regulation of the shorezone.”
While on appeal, a freeze will remain in effect on new moorings, buoys and piers, the statement read.
Lake Tahoe shorezone rules cover structures and projects located in the nearshore area and below the highwater line including piers, boathouses, boatlifts, revetments, protective structures, marinas and anchored buoys.
Certain activities in the shorezone are considered exempt and qualified exempt from TRPA review and those activities are free to continue during the freeze.
The lawsuit was brought by the League to Save Lake Tahoe and the Sierra Club.
"Rather than trying to develop a shorezone program that will comply with environmental standards and the Compact, TRPA has chosen to spend more time and money on arguing for weaker restrictions on shorezone development that will result in more boating, more air pollution and further clarity declines, when the lake is already losing clarity and ozone standards are already being exceeded," said Ron Grassi of the Tahoe Area Sierra Club, the co-plaintiff in the case.
Carl Young, program director for the League to Save Lake Tahoe, said the agency needs to look to its own Compact instead of fighting against measures designed to protect the lake.
"Instead of prolonging this legal challenge the TRPA should be dedicating its resources, time and money to resolving the issues with the shorezone ordinance, specifically, they should be addressing those issues relating to their obligations under the Compact and achieving their environmental standards," said Young.
In November Judge Lawrence K. Karlton of the U.S. District Court in Sacramento reaffirmed his September decision.
TRPA will begin analyzing and crafting a limited, interim mooring registration program to better manage existing moorings and continue the successful buoy program that was stalled by the lawsuit, the press statement said.
The current freeze on shorezone-related actions other than those that involve new boating facilities will expire on Dec. 21. After Jan. 17, 2011, TRPA will begin accepting and processing applications for shorezone activities pursuant to the rules that were in effect prior to the October, 2008 adoption, the according to the press statement.
The decision to appeal follows an assessment by the agency of a September ruling by a federal judge over the complex environmental analysis of rules that were crafted to resolve multiple Lake Tahoe shorezone issues.
Applicants are encouraged to submit any information required for pending applications, including site plans and BMP Certificates required to fulfill pending buoy permit applications, however staff will not be able to take action to acknowledge the completion of a conditional permit.
By Jan. 17, 2011, TRPA will reinstate the the previous ordinance documents and application processes for shorezone activities and will communicate the changes with customers, consultants and partner agencies. Before that date, exempt/qualified exempt and emergency activities can continue to move forward.
After a 22-year debate of how best to manage development in Lake Tahoe’s shorezone, the TRPA adopted new policies and ordinances in October 2008.
These shorezone regulations set development caps on new buoys and piers and established mitigation measures, making the new rules more protective than previous ordinances. The intent was to better manage the already existing 768 piers and approximately 4,500 buoys on the lake today while capping future additional development.
At Lake Tahoe, achieving a balance between our spectacular environment and private property rights is a challenge. Regardless of the outcome of the appeal and proposed interim buoy registration program, TRPA will continue providing a protective balance while achieving environmental targets and improving business practices, according to its website.
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