Northwest Real Estate Law Blog : Northwest Real Estate Lawyer & Attorney : Davis Wright Tremaine Law Firm : Land Use, Development, Commercial Property : Seattle, Portland, Alaska, Washington, Oregon

Authored by:  Monique Hawthorne

As published in the Daily Journal of Commerce

As a Leadership in Energy and Environmental Design Accredited Professional, I readily defend LEED’s standard and certification to critics who question its alleged greenness and whether it lives up to its hype.

"You get points for including bike parking spaces?" they protest. "C’mon!"

Nonetheless, I stand by the usefulness of LEED certification and believe it serves a useful purpose even if it only increases dialogue and awareness about sustainable building.

With that said, recent conversations have led me to explore other types of sustainable building standards and methods. I have been very impressed with Passive House (aka Passivhaus), a building standard from Germany that is an exciting option for builders, homeowners and developers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Authored by:  Craig Gannett, Lauren Giles Wishnie, and Clayton P. Graham

On May 27, the Washington Department of Ecology (“Ecology”) released draft Guidance regarding the analysis of climate change impacts under Washington’s State Environmental Policy Act ("SEPA"). The Guidance, which will be open for comment until June 25, proposes extensive analysis of both direct and indirect greenhouse gas ("GHG") emissions potentially resulting from government actions covered under SEPA. Among the government actions that are subject to SEPA’s requirements are local governments’ issuance of land use and construction permits for many types of projects, especially commercial, industrial, or larger residential developments. The Guidance also describes potential mitigation measures that project proponents may be required to undertake. Given the broad scope of the Guidance, it is essential that owners and developers of real estate, as well as any business or institution with expansion plans, become familiar with these proposed requirements.

Continue reading here...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Authored by Clayton P. Graham and James A. Greenfield

In a development of great interest to owners of property in or near floodplains, many local jurisdictions in Washington state will soon begin updating their floodplain development regulations to comply with new federal requirements. As discussed in a post on Davis Wright Tremaine’s Real Estate Blog, the Federal Emergency Management Agency (FEMA) began developing its model ordinance after the National Marine Fisheries Service (NMFS) found that FEMA’s administration of the National Flood Insurance Program (NFIP) threatened the habitat of a number of species protected under the Endangered Species Act.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Authored by:  Craig Gannett and Clayton P. Graham

Landowners and developers across Western Washington will be affected by floodplain map revisions that the Federal Emergency Management Agency (FEMA) plans to carry out in the coming months. These map updates are part of FEMA’s administration of the National Flood Insurance Program (NFIP), and changes in map designations can have far-reaching effects, including increases in flood insurance premiums and new floodplain development regulations under local codes. For these reasons, many landowners and local governments across Western Washington are expected to appeal these map revisions.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Authored by:  Lauren Giles Wishnie, Kerry Shea, and Clayton Graham

Findings recently issued by the Environmental Protection Agency (EPA) could be the first step in national regulation of greenhouse gas (GHG) emissions under the Clean Air Act. Although the findings apply only to new motor vehicles and engines for the time being, they lay the groundwork for regulating GHGs emitted by power plants and manufacturing facilities.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A consultation under the federal Endangered Species Act (ESA) could potentially impact development on property near shorelines in Washington State. In response to a consultation by the Federal Emergency Management Agency (FEMA), the National Marine Fisheries Service (NMFS) issued a biological opinion concluding that FEMA's administration of the National Flood Insurance Program (NFIP) in the Puget Sound area violates the ESA because it jeopardizes a number of protected aquatic species. Specifically, NMFS concluded that FEMA’s decision to insure certain floodplain developments under the NFIP threatens the habitat of certain protected salmon, steelhead, and whales.

FEMA should now take steps to mitigate the effects of the NFIP on protected species. In administering the NFIP, FEMA already promulgates minimum land use controls, and municipalities must implement land use controls that are at least as restrictive in order to qualify for flood insurance. In its biological opinion, NMFS suggested FEMA promulgate a specific set of development standards in floodplain areas—including, notably, a 150-foot development buffer from certain shorelines. FEMA has not yet acted on the suggestions set forth in the biological opinion, but it may choose to require municipalities to impose these, or other, stricter development standards in floodplain areas.

The biological opinion (238 pages total), is available on NOAA’s webpage. 

 

Development Buffers under the Endangered Species Act?

• Email This
• Print
• Comments
• Trackbacks
• Share Link