REALLY!! By Lee Zimmer
On March 24, 2015 the Coeur d’Alene Press published an article
written by David Cole entitled “Kootenai County seeks input”. The
“input” the article is talking about,
is seeking public input on a draft revision of the existing land-use and
development codes.
It is through this revision process that both of our new
commissioners, David Stewart and Marc Eberlein, who are “private property
rights advocates”, hope to change the existing land-use and development codes
to favor some land developers, some homebuilders, and some lake front
landowners.
For example, and I am quoting from this CDA Press article, “the 25-foot ‘undisturbed natural vegetation
buffer’ currently required along waterfront lots has been eliminated,” county
officials said. In defense of this
action Commissioner Marc Eberlein said, “there is no scientific evidence that proves such a buffer ‘improves’
water quality.” REALLY!!
It is evident that Mr. Eberlein did not bother to inquire about
the health of our lakes and rivers before endorsing the elimination of this
land-use code, and making such an outlandish statement in defense of his
actions. Perhaps he was not aware that, “Upper and Lower Twin Lakes, Hauser
Lake, Hayden Lake, Fernan Lake, Black Lake, Coeur d’Alene Lake, the Spokane
River and the Coeur d’Alene River are all listed on the EPA’s 303(d) List of
impaired water bodies.” (KEA Advocates for
Improved Shoreline Protections, posted on Sunday, January 26th, 2014)
Perhaps
he is unaware that, “Residential and
non-residential construction and activity have and do contribute nutrients
through site disturbance, poorly maintained septic systems, and nutrient
enriched surface run off (from things like lawn fertilizers). This has led to
deteriorated water quality conditions in our lakes, the effects of which are
best seen in the nearshore waters. The results of increased nutrient
loading is most visible on our smaller lakes where the water has turned murky,
bays have become weed filled and unwanted algae blooms occur regularly.
Fernan Lake, Hayden Lake and Hauser Lake have all experienced toxic blue green
algae blooms over the last several years. Blue green algae makes the
water unsafe to swim in or to utilize for drinking water.” (KEA Advocates for
Improved Shoreline Protections, posted on Sunday, January 26th, 2014)
Perhaps he is unaware that, “The current ordinance specifies a 25 foot
no disturbance shoreline zone which has proven to be unsuccessful in its
purpose of water quality protection due largely to the lack of enforcement.
Only 25% of Lake Coeur d’Alene’s shoreline remains undisturbed vegetation and
at one time the Hayden Lake Recreation and Sewer District had requested that
they take over permitting and enforcement from the county due to a litany of
noncompliance.” (KEA Advocates for
Improved Shoreline Protections, posted on Sunday, January 26th, 2014)
Perhaps Commissioner Eberlein and Commissioner Stewart need to
publically declare exactly whose private property rights they are
protecting. Perhaps they can clarify for
us under what circumstances individual property rights cease, if indeed they do
at all.
Using the example above, suppose I am a lake front property owner.
Don’t I have the right to develop my property right down to the water’s
edge? What if by doing so I destroy the
25 foot natural vegetative buffer at the water’s edge? What if all my
waterfront neighbors choose to do the same thing, and by our individual actions
we help contribute to the pollution of the lake to the extent that it becomes
un-usable to the entire community? Do I bare any responsibility to the
community just because I exercised my individual private property rights?
Dismissing the 25 foot natural vegetative buffer land-use
ordinance for the benefit of a few is irresponsible, and unless that deleted
land-use code is site specific it will apply to all of our lakes and waterways.
I encourage
you to read the full article, “KEA Advocates for Improved
Shoreline Protections, posted on
Sunday, January 26th, 2014” http://kealliance.org/2014/01/26/kea-advocates-for-improved-shoreline-protections/
In closing,
let me say that just about every citizen of Kootenai County, including myself,
has some idea of what the term “Individual
Property Rights” means. However,
what we need to decide ultimately is the ethical extent of these rights as it
pertains to the future of our county, and the wellbeing of our neighbors.
