TRPA TO APPEAL SHOREZONE DECISION, INTERIM BUOY PROGRAM PLANNED - December 15, 2010
The Tahoe Regional Planning Agency Governing Board has affirmed direction from agency staff to appeal a court ruling that struck down updated ordinances for the shorezone of Lake Tahoe.
"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.”
Going forward:
While on appeal, a freeze will remain in effect on new moorings, buoys and piers.
- 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 current freeze on shorezone-related actions other than those that involve new boating facilities will expire on December 21, 2010
- After January 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 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. The lawsuit was brought by the League to Save Lake Tahoe and the Sierra Club.
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.
WHAT CAN BE DONE RIGHT NOW
By January 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.
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.
(Click here) for an Exempt/Qualified Exempt declaration form and information packet, or contact TRPA.
Emergency projects should be brought to the TRPA Front Counter for review immediately. The TRPA Governing Board can consider any emergency permits/actions under the pre-2008 TRPA Code of Ordinances.
BACKGROUND
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.
(Information Source: TRPA Website)
The Tahoe Lakefront Owners' Association is continuously monitoring the outcome of the Shorezone litigation and will be updating our website with breaking news on the Buoy Program and the affects this litigation will have on your private property.
JUDGE DENIES TRPA MOTION TO AMEND ORDER - November 24, 2010
Today Judge Lawrence K. Karlton heard the argument on TRPA's motion to amend his judgment. The hearing did not take long. TRPA's motion was denied.
TRPA sought two changes to the judgment:
1) To allow TRPA to use the number of buoys actually on the Lake, regardless of whether TRPA had permitted the buoys, as the "baseline" for determining the effects of the new ordinances; and
2) To limit the portion of the Shorezone Amendments invalidated to those provisions related to boating.
Essentially, Judge Karlton said that TRPA had not raised anything new regarding the baseline. Click here to see the court's written order denying TRPA's motion for reconsideration of the judgment.
TRPA FILES MOTION TO AMEND JUDGES ORDER - October 14, 2010
The Tahoe Regional Planning Agency (TRPA) has filed a motion to amend the September 16th Order below. The TRPA is asking the court to revise its Order:
1) To reconsider ordering TRPA to use a hypothetical number of buoys as a baseline as opposed to using the actual number of legally existing buoys on the lake today;
2) To only vacate the areas of the amendments that were challenged by the League/Sierra Club lawsuit
TRPA Notice to File Motion TRPA Proposed Order TRPA Points for Motion
There is no prediction as to when the Court will rule on the TRPA's request. We will keep you posted as events occur.
JUDGE THROWS OUT 2008 SHOREZONE ORDINANCES - SEPTEMBER 16, 2010
In a ruling from Federal Court Judge Karlton, the Tahoe Regional Planning Agency's (TRPA) 2008 Shorezone Ordinances and supporting Environmental Impact Statement were "vacated" or, in layman's terms, thrown out (click here for full court ruling). The ordinances and associated programs such as the Mooring Registration and Blue Boating are no longer being implemented while the TRPA decides it's next course of action.
There are a number of issues to resolve in the coming months. TRPA's Governing Board voted to install a 90-day moratorium on any shorezone permits being issued until a decision can be reached on how to proceed. In the meantime, all mooring registration and mooring permit conditions of approval will be held in abeyance. However, we encourage everyone to complete their Water Quality BMPs if needed.
For now, only minor repairs can be made to piers, boathouses, and other shorezone structures. Please see our SHOREZONE page for details and a link to the TRPA website for Forms.