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Directory Of Lakes In Mason County

BUSH ACT AND CALLOW ACT /Shellfish Growing ON TIDELANDS

Affecting Tidelands for producing Oysters and Other Shellfish

 MASON COUNTY WEBSITE

Question: "How can the Shoreline Management Act effect my waterfront property?"

Answer: "Shoreline Management has authority to control the use of all shorelines in our state, (fresh and marine), within 200' setback from the "toe" of high water mark. In other words; Property that is more than 200' from the waters' edge at high tide, or more than 200' back from the edge of the high water mark on lakefront or river frontage is NOT under the control of the Shoreline Management Act., it is treated the same as any non-waterfront property from the 200' mark back.

Question: "What are submerged lands, uplands, harbor areas, navigable waters, oyster lands, etc? Can you explain about how waterfront titles work in the State of Washington"?

Answer: "The WATER itself is not owned by individuals. All "surface waters" are free to be used by the public, under their "Reparian Rights", unless restricted by law..

The tidelands are a natural resource. Some tidelands are owned and managed by the State of Washington. Submerged lands (Tidelands) that is, land that is under water, whether permanently or only part of the time, are either privately owned: (2nd class tidelands or leaseholds) or are owned and regulated by the state.  The "beach" or Shore land, is that portion of land that lies between the Tidelands and the abutting uplands.

There are FOUR categories of submerged lands in the State of Washington. The first two are tidelands and shore lands which are the beds of navigable waters. Title to these submerged lands were vested in the State on November 11, 1889, the date Washington was admitted into the Union. Some of these were then conveyed by the State to private owners. Such tidelands or shore lands involve a separate chain of title from that of adjoining uplands. Even when they are in common ownership with the abutting uplands, they must be specifically included in the legal description of the land.

Submerged lands that are beyond the outer limits of tideland and shore lands cannot be in private fee ownership, although portions, including harbor areas and oyster lands, can be leased from the State.

The fourth type of submerged land is under the bed of non-navigable bodies of water such as small lakes or streams. The title to this land was not owned by the State, and is not separate from the title to the abutting upland property.

Question: What is the set-back from the waters' edge or a well to the drainfield area under Shoreline Regulations and County code?

Answer: "The set-back from the waters' edge varies from property to property, state to state. On drainfield set-back, you will be required to keep 100' (sometimes less with a county variance) away from drain fields or wells. This set-back may increase with new legislation. Also, keep in mind that you must stay at least 100' away from any water source, wells, creeks, etc., unless you are granted a "variance". 

Wells are required to have a 100' radius that does not have any possible contamination source within it." If that radius would "overlap" onto a neighbor's property, you would have to get a "Restrictive Easement" from the neighboring property owner, promising that they will not build anything within that radius. Be sure to check that neighboring properties do not have wells that would have their radius overlapping onto the area you want to put a drainfield or structures on, and visa versa." Please keep in mind that Washington State is now in the process of developing a new Shoreline Master Plan that will need to conform to the State Requirements. This may increase the set-back minimum from line of high water mark. Always check with the proper state and county agencies to make sure you are in compliance with current rules. Mason County now has a 90'' set-back from toe of high water on most lakes and marine waters. This is always subject to change.

...BUSH AND CALLOW ACT AFFECT ON TIDELANDS...

Affecting Tidelands for producing Oysters and Other Shellfish

Question: "What are "tidelands"? What are 2nd class tidelands vs. State owned? Should I care if I own the tidelands or not? Are the tidelands part of the beach?" Could I buy a piece of waterfront and NOT own the tidelands?

Answer: "Tidelands lay in FRONT of the property, the tidelands may , or may not  include the actual beach. Tidelands are under water at high tide, and become dry land at low tide. If you purchase waterfront property that has Tidelands included, they will be called second class tidelands, (depending on their location) and (2) the date on which they were sold by the State. The boundary between uplands and all tidelands, whether first class or second class, is the line of ordinary high tide. The line of ordinary high tide is defined as being: "The average elevation of all high tides as observed at a location through a complete cycle of tides over a period of 18.6 years".

First Class tidelands are those located within the limits of an incorporated city and within two miles on either side of the city limits. The inner harbor line becomes the outer limit of these tidelands within the boundaries of the city and to the first mile beyond the city limits. The outer limit of those first class tidelands between the first and second mile beyond the city limits is the same as for second class tidelands as detailed below.

Second Class tidelands are simply all tidelands other than those defined as first class. The outer limits of second class tidelands is governed by the language of the statute which was in effect on the date of which the State made the conveyance of the tidelands. Until March 8, 1911 the legislature defined second class tidelands as extending only to average mean low tide. Conveyance of second class tidelands after that date extended all the way out to the line of extreme low tide. The boundary between uplands and both first and second class shoreland is the "line of ordinary high water", although the term "line of vegetation" is sometimes incorrectly used.

SHORELANDS are the submerged lands bordering the shores of navigable lakes and streams which are not subject to tidal flow.

Question: "The property I'm considering has a home to the left of it on another property, but has a vacant piece to the right...how do I determine the setback for my new home or cabin? What if the property I'm considering has a home or cabin on both sides of me? What if I'm buying a property that has no home or dwelling on either piece next to me? What are the rules?"

Answer: "First, determine the minimum county set-back requirement. i.e., Let us assume the recommended set-back for your property (lot B) is 90' from the edge of the bank on the waterfront. Now, let's say the neighbor to the LEFT, (Lot A) has his house set-back 70' from the bank. First, you would measure 90' back from the edge of your bank, (Imagine a straight string-line running horizontal with the bank or shoreline, running the width of your lot, 90' back from the bank...Next, go and stand at the far right of your property at the 90' set-back horizontal to the bank  where it intersects your property side line. You would take a string line, that would run from the edge of the neighbors' front eve, ( the drip-line at the edge of the roof), to the far RIGHT side of the lot you want to build on where you are standing. YOUR set-back would be BEHIND the string-line angle that runs from the roofline of the neighbors house to where you are standing. NOW; If you have a home on both sides of an empty lot,  the set-back is going to be BEHIND a string-line between the drip lines of BOTH of the neighbors homes. In Mason County, the minimum setback is 35 feet from OHW.

 HOW 'HIGH' IS LOW-BANK?

Question: Is there a "set standard" of measurement for "low-bank", medium-bank, or high-bank waterfront? If not, what is a good rule of thumb?

Answer: "Low-bank" should not be higher than 5'-10' from beach to top of bank. Medium -bank is 10-20' high, High-bank is everything 20' high and up. (You will notice that the different Real Estate Agents have different criteria more often than not). What I have given you is considered the STANDARDS.

Question: "If I buy saltwaterfront can I build a private dock?"

Answer: "Unlikely...if there is no existing dock to repair. If there are existing pilings on the beach and tidelands, a repair permit may be issued on a case-by-case basis and a new dock may be permitted or constructed using the pilings that are already there. If this is granted, it is usually only when the owner of the pilings and beach/tideland area agrees to let others use it too. The "community use" of a dock is preferred by the state and county in almost all instances. This is why property with private docks are worth more than those who share a dock, or have no dock. Community use of a dock is cost effective to all who use it, as they usually must enter into a written agreement for the repair and upkeep of the dock if they are to be allowed to build or repair one. Check with your individual State and County for their current regulations. The rules vary from area to area, County to County, and State to State.

Question: "Can I put out a mooring BUOY for my boat if I don't own the tidelands? Do I need a permit to put out a BUOY? What are the rules?

Answer: "If you own the tidelands, you may put out a mooring buoy without much trouble. The last time I called the State about permits for a buoy, I was told that "Yes, the state issues permits for a buoy...but so far no one has asked for one on their own tidelands." (Got me there...) If the State of Washington owns the tidelands, a permit is "desirable" and will most likely be issued to you as long as the buoy is not located in shipping lanes, or doesn't interfere with navigation of boat traffic. (When in doubt, check with the State or County)".

Question: Will I be allowed to put a Bulkhead or seawall on my waterfront? What if one already exists that needs repairs?

Answer: "The rules on bulkheads are changing very rapidly. In some areas no new bulkhead permits are being issued. It is almost impossible to get a permit for a new bulkhead on bare or unimproved waterfront land. It is usually the policy in most parts of Washington to issue a new bulkhead permit only in conjunction with the building permit for your new home. It must be shown that the land needs to be bulkheaded to protect the home that is going to be built.

Question: "If I own the 2nd class tidelands, can the Indians take my shellfish?

Answer: YES ...Under current laws in Washington, The Native American Tribes are allowed to harvest 1/2 of the shellfish that are on or in NATURAL LYING BEDS . That is to say, the clams and shellfish that are in or on the tidelands or laying on the beach. If your beach and private 2nd class tidelands are cultivated beds that you have planted for use or harvest, the natives are only allowed to harvest half of any NATURAL BEDS under the currant laws. They may access the clam beds and tidelands only by boat...they are not allowed to trespass over your yard or property to reach them. The Native Fisheries Patrol Boats try to police the Tribes whenever possible, to insure that they are keeping off of private owned, cultivated shellfish beds.

Question: "If I buy a piece of property with an existing septic and drainfield already installed, but no existing home or cabin on it, will I be able to build a new home without worrying about having to modify it? Is the existing drainfield "Grandfathered"?

Answer: "NO and YES...(I know this sounds confusing, but here's the catch) New Environmental Health regulations changed, effective January 1997.... Here's how it works; If the existing septic and drainfield was installed prior to Jan. 1997, and you can show there is adequate "reserve" area in the event the existing system fails. In that case, the system is 'somewhat grandfathered'. Pulling the County records on the system, showing the size, location, and type of system that exists, along with the soil logs can help to determine if the system meets code.  You will need to establish that there is "reserve" adequate area for a new drainfield in the event the existing one should ever fail.

Question: "What if there is already a home or cabin on the property when I buy it, can I remodel the dwelling and add on additional sq. footage without upgrading the septic system?"

Answer: "MAYBE...If you buy a property with an existing septic system and existing home or cabin on it, and the system is not in failure, no more than 200 sq. ft. can be added to the existing dwelling without upgrading the septic system to meet CURRENT CODE. The county will be glad to do a "site inspection review" for about $205.00 that will tell you if you need to upgrade in order to add on more than 200 sq. ft. of living space. You would also need to have the county determine that there is enough area available on the property for a "reserve area" in the event of system failure. (Reserve area to install a new system if necessary if the old one should fail at a later date)".

Question: "What if I buy an existing home or cabin on the water that has no reserve area for drainfield, and then the system fails within a few years after I buy the property. Are they going to make me lose the use of my home or cabin?"

Answer: "That is a possibility of course, but in most cases, the county will grant "repair" permits in order to fix the existing problems with the existing system until that is no longer an option. The county recognizes that the property would be severely diminished in value, they will work with the property owner to find a solution for the situation whenever possible if it would mean someone would lose the use of their home. In many cases, they allow repairs to existing drainfield right behind a bulkhead if it is not contaminating the shoreline. They come out an put dye into the septic system and see if it leaks onto the shoreline. If the dye marker test shows leakage or seepage onto the shoreline area, then a PRE-TREATMENT SYSTEM and repair will be required. This can be very expensive, so it is important to check out any existing drainfield BEFORE you finalize your purchase. It is also a good idea to take your inspection results to the county health department and ask them what would happen in different situations. The county reviews repair permits on shoreline on a case-to-case basis. Variances are available in most situations, if it is found there is no other option." Always check with the local and State planning and environmental health dept. in your area for current regulations, as these rules change frequently with new legislation.

Question: What is the set-back from the waters' edge or a well to the drainfield area under Shoreline Regulations and County code for Mason County Washington?

Answer: "The current set-back from the waters' edge is 115' (75'-90' with a county variance, and up to within 35' without a variance, if there are existing homes on either side, where the "drip-line" rule may still apply) This set-back may increase with new legislation.