Take Care When Purchasing Waterfront in Washington State

By Barbara Blowers, Designated Broker, WAVES Waterfront Properties, Inc.

In the old days, buying raw land or a piece of waterfront with a little cabin on it meant that you might have the county go out and do a 'perc' test on it before you closed the deal (or maybe you didn't!), but that was about all. You could be reasonably comfortable in the purchase and probably would be able to build on it when the time came. In those heady days in Washington of hyper-inflation on waterfront property in Puget Sound in '89 and '90, many folks found that the rules have changed dramatically, much to their chagrin.

As a purveyor of "waterfront only" throughout Puget Sound, primarily land for new construction, I have had to become very well-versed in what is needed to complete a building permit application in 1999. The times are changing, and it is imperative that anyone considering buying waterfront land (or selling it for that matter!!) make sure they work with an agent who knows and understands land and who will work to protect both the interests of the buyer and seller. Even if you find a little cabin on a great piece of waterfront, it is not guaranteed that you will be able to remodel it as you wish. You may only be allowed to improve what is there without making it any larger, taller, wider, etc. You may be able to take it down and start over, but you will most likely have to jump through a lot of hoops first. Take care!

The combination of the Growth Management Act. blazing growth, and increased environmental concerns have worked to create a labyrinth of regulations and requirements for individuals seeking building permits.

Stormwater Drainage Plan:

Not all counties require this yet, but they will! What this means is that you must show how any excess water (which either might accumulate on your property or be disturbed by what you do on your property) will be handled. You may have to show curtain drains, French drains, or some sort of holding pond for excess water (ponds are a great idea -- they are a great place for bugs and birds and they're pretty). This requirement formerly was restricted only to developments, but you will be seeing it on individual permits as well. For waterfront lots, they can be very important. If you or a neighbor is in a slide area, you need to make sure excess water goes away correctly. If you are in an area with shellfish beds, you might want to seriously consider doing something to clean the runoff before it gets into the water (oily clams taste yucky!). I'm working on some ideas of how to do this -- but one thing I am sure of! Don't use pesticides and chemicals on your lawn or yard; better yet, don't have a darn lawn - have ferns and clover and salal and wildflowers. Easier to care for and better for Puget Sound!Each county differs a bit, but most have some or all of the following requirements which must be met before a building permit can be issued, even for remodeling. In addition to county restrictions (or city, if the property lies within a city limits), some banks are asking for additional documentation such as proof that the source of the water is adequate, that septic systems meet today's strict codes, and many are asking for new surveys, or at least surveys that have been recorded.

Sewage Disposal:

Most are familiar with this. As I said, in the old days you simply had a perc test -- someone dug a hole and poured water in to see if the water went down well. Today's rules require that a septic system be designed for a specific lot and approved by the county health district. On waterfront lots, that usually means an 'engineered' system rather than a standard system consisting of two septic tanks and a drainfield. Because the counties now require at least 36 inches of original permeable soil (and waterfront seldom has such good soil), a more complicated system will probably be required. A standard system usually runs from $3,000 to $5,000; an engineered system can run up to $15,000 and more. But there is hope on the way in the form of a newly approved system which will run you around $11,000, and will help even those with very difficult sites. Keep in touch if you own a tough site. Again, if you are buying bare land, you must get a septic permit first before you close on the sale. NEVER NEVER BUY LAND just because someone says to you "it percs." NEVER.

One other note on sewage disposal. Some lenders are not happy to see mound systems; most lenders now require a review of a septic system before loans can be made; in some cases new systems will have to be installed. Be alert. By the way, my 'hobby' is septic systems, so if you have a problem with your property or if you are looking at a property and have reservations about the septic situation, call me!

Wetlands Reviews:

Again, formerly a province and problems for developers only, the wetland review may be required for individual building sites, particularly if the building site falls into an area that has broadly been shown to contain 'wetlands.' Don't be afraid of wetlands designations, however, because mitigation processes are available which I believe can add value to the property. (By the way, if someone tells you your lot is not buildable because of wetlands, please give me a call -- it is usually not a true statement if you have an 'uplands' area large enough to accommodate a house and driveway.)

Bald Eagle Nests:

Bald eagles are much more common now in Washington (I heard we had only 80 nesting pairs in the State in 1983 and over 500 nesting pairs now, so protection is working!). If the area is home to a nesting pair, you may be required to have a 'bald eagle management plan' prepared. While you will likely be allowed to build on the lot, you may be restricted to the months of August through December for building, as the other months are nesting months and you must not disturb the young. Again, I consider bald eagles in the area a plus to a property, not a minus, so don't fear these plans at all.

Shorelines Permit:

For most residential projects, a shorelines permit is not required, except as part of the sensitive areas review. However, if you wish to build a dock or a bulkhead or do anything along the shorelines that disturbs it in any way, a permit would be required. This is handled by the county, but it may have to be publicly advertised and you may have to go through the Army Corps of Engineers, the Department of Ecology, and the Department of Fish and Wildlife. If you have a stream on the property, you may be required to produce a stream management plan. All of this, of course, takes time and money, so be sure you've done your homework on a site before you buy.

Proof of Availability of Potable Water:

Until recently, it was not necessary to prove that water was available to a building site before a building permit could be issued. Now, you must show proof of water, which might mean drilling a well or getting a letter acknowledging availability of water either from the local community water system or from a public water system. It could also include proof of water from springs or diverting water from a stream, but that's a can of worms I do not want you to open!!! If it is a private community system, make sure a tap is available for this particular lot. Many community systems do not have sufficient water and have been placed on a moratorium until additional water sources or improvements in the lines can be made. Be Careful!! If the lot requires a private well, drill it before you close on the sale unless neighboring well log information is reliable enough to go on. Be sure to talk to local drillers about the area if you decide not to drill the well now.

Even public water systems may have restrictions on new customers, so please make sure water is available. One more thing, if you are building a new home on this lot and need a loan to buy the lot and pay for the construction of the house, the bank will require that you drill a useable well before they will approve the loan. What if there is no water and you still want to build there? Then call me and we'll talk about rainwater collections systems.

Uniform Fire Code:

Check to make sure there is room on your lot for a house and a driveway that would allow a turnaround for fire and emergency vehicles. Check with the local fire marshal or volunteer fire district to make sure they will sign off on your permit. Better yet, install a sprinkler system!

Survey:

This is nothing new, but nowadays it is so much more important than it was even a few years ago. You need a survey to establish the boundaries for several reasons: 1) Some septic designers will not design a system unless a survey has been done previously 2) Some counties will not accept a septic design without a survey 3) You may have or need an easement on or to the property that is critical to its buildability 4) You wouldn't want to cut down a neighbor's tree would you? My recommendation: if you really love the property and the seller refuses to pay for a survey, have it done yourself.

Tidelands Ownership:

There are several different types of tideland ownership. You need to know if you own the tidelands or if there are restrictions to its use if you do not own it. You may own, as you do in Mats Mats Bay, to the center of the Bay; or you may own to the mean low tide; or you may own to the extreme low tide. If the tidelands are owned by others or the State, you own only to the high tide mark. In Pacific County, ownership of the dunal area is extremely complicated. Factor in the Boldt decision and all the subsequent legal hassles and you can see why tideland ownership can probably be a book in itself!

Subdividing Waterfront:

One of the results of the Growth Management Act is that in most counties waterfront has either been re-zoned to a much lower density (larger parcels) or the specific County is going through the traumas of trying to get a new comprehensive plan approved. On a scale of one to ten, my assessment of a person's ability to subdivide a piece of waterfront is about a one -- fat chance! I don't think this is right, but until some court cases are completed it is going to be a very contentious issue.

Lowering Property Taxes on Waterfront:

If you own 6 acres or more, or have a parcel where the house sits back more than 200 feet from the shoreline, you may be able to lower your property taxes through some special tax rates.

Salmon Restoration Plan:

This will begin to affect waterfront property owners beginning in 1999; how much yet we do not know. The Governor has indicated that saving salmon will be painful. My own view is that waterfront property owners can help protect their properties by creating habitat management plans for each property that is 'salmon sensitive.' That means no lawns; native vegetation only; a means of keeping oil and other solvents away from the water table; having septic systems that pre-treat the waste so that nitrates and other pollutants do not get into the water table and thence to the lake or saltwater shoreline. The issue with salmon restoration is that we have not done a good job protecting salmon so we're going to have to pay for it. Unfortunately, waterfront property owners may become the scapegoat. A recent study by the Puget Sound Water Quality Action Team (formerly the Water Quality Authority) implies that 40-50% of the shoreline has been negatively impacted by humans -- and implies, further, that we should be more aggressive in protecting shoreline areas. A more correct estimate of impact would be 10-15% of the shore line. In my next Waterfront Reporter, I will discuss this report at length.

This will surely have a profoundly negative affect on waterfront owners' ability to build on their property. A discussion, for example, of attempts to require Conditional Use Permits for single family residences is the next new paragraph for this document. Though it is so far only being required in Kitsap County in conservancy areas along the shoreline, watch for it throughout the state as Fish and Wildlife and Department of Ecology step up their efforts to stop you from building on your waterfront lot.

Conditional Use Permit for Single Family Residences in Conservancy Areas:

This is particularly troubling to me. The State Shoreline Management Act of 1971 expressly exempted single family residences. A CSU means that a JARPA application is required; this application is then sent to Washington Department of Fish and Wildlife, Army Corps of Engineers, Department of Ecology, and affected tribes, to comment on the project -- and to appeal it if they don't want the project built. Frankly, if waterfront owners don't get organized, and soon, the issue of tribal shellfish rights will seem like so much whining. This is bad stuff and lot owners need to pay attention to what is happening out there.

I am sure I have forgotten several regulations or potential restrictions to building on waterfront. I don't want you to become discouraged, but I do want you to be careful and make sure you've done all your homework before you close on the purchase of a piece of waterfront. The times are changing and, while all of this red tape may seem either daunting or downright ridiculous, as a real estate broker specializing in waterfront, I'm not so much discouraged by it as dismayed that one group of property owners is being made the scapegoat for a state agency that failed to protect salmon in all the decades before 1998! Don't stop your plans to buy a waterfront lot and build on it. Do plan to jump through a lot of hoops. By the way, most of my listings have already jumped through the hoops so you don't have to.


Designated Broker
WAVES Waterfront Properties, Inc.
1-800-346-9236