Beach Access program

[KenM]

Meeting in Freeland 6pm tomorrow with Washington State Parks to decide the fate of properties including Useless Bay tidelands as to whether the property should be classified "recreational" or changed to "natural" which would ban activities such as kiteboarding.
http://www.southwhidbeyrecord.com/news/364298681.html
Seems like a no brainier- how can you have a "natural " beach with a hundred houses lined up shoulder to shoulder with boats moored on buoys out in front, but anyone who can should try to make it there- seems like a meeting that could have some long range consequences. 6pm Thursday 1/7 @Whidbey water services 5585 Lotto Ave Freeland

[PinkVoldo]

I hope you don't mind but I shared your post with the Urban Surf Facebook page.

[AndyD]

A quick update from parks department in Edmonds from an email I received with regards to potential changes which we gave input on (and yes, Edmonds is choosing to embrace kiteboarder and the $$$ we spend on food and beer locally). Hopefully Whidbey will also recognize the contributions we make to the local economy there as well.

"We will be formally adopting the plan this year when we do the Comprehensive plan amendment. The actual project and redevelopment will not take place probably for 3-5 years, pending grants for the daylighting project."

[seanbold]

Andy,

Thank you for the up-date and continued efforts keeping the kiters going at Edmonds. Sorry for the late reply, I just noticed that you had added to this thread. If you need me for anything to help in this effort, please feel free to give me a call or PM me.

Best regards,

Sean Bold
Beach Rep and PS Kite board member

[evh]

Perhaps the State does not have jurisdiction to take use of tidelands away from kiters. In the Illinois Central case the government was found not to have the power to limit use by the public i.e. us. Here is something from the Wiki on the "Common Trust Doctrine":

The ancient laws of the Roman Emperor Justinian held that the sea, the shores of the sea, the air and running water was common to everyone. The seashore, later defined as waters affected by the ebb and flow of the tides could not be appropriated for private use and was open to all. This principle became the law in England as well. In the Magna Carta in England centuries later public rights were further strengthened at the insistence of the nobles that fishing weirs which obstructed free navigation be removed from rivers.

These rights were further strengthened by later laws in England and subsequently became part of the common law of the United States as recognized in Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892). In that case the Illinois Legislature had granted an enormous portion of the Chicago harbor to the Illinois Central Railroad. A subsequent legislature sought to revoke the grant, claiming that original grant should not have been permitted in the first place. The court held that common law public trust doctrine prevented the government from alienating the public right to the lands under navigable waters (except in the case of very small portions of land which would have no effect on free access or navigation).

The public trust applies to both waters influenced by the tides and waters that are navigable in fact. The public trust also applies to the natural resources (mineral or animal) contained in the soil and water over those public trust lands.

Note that this is a US Supreme Court case, so it may not be limited just to Illinois. If this ever gets serious, we need to do some research on this point. The Common Trust Doctrine might also help at other threatened locations.

[PinkVoldo]

Sean, Andy, Ken, Bonez, and others involved,

Thanks for your efforts that keep the local beaches open to all!

[CarrotHead]

I would gladly rep for Golden Gardens. I live in shilshole and am there often.

[Roberto]

I would gladly rep for Golden Gardens. I live in shilshole and am there often.

That is wonderful, we contact you directly for the details.

Cheers
Roberto Soza

[AndyD]

This has been swirling about for a month or so now, so I'm just kind of confirming it. Kiters are going to need a new mayor (beach rep) for Edmonds. My wife and I will be relocating to Bend in July. CJ, Phillip, Eric, Roger or Merridy are all good candidates.

[Roberto]

Thank you Andy for the heads up and for the time (and passion) supporting Kiteboarding/surfing/foiling as PSKite Beach Rep. There is much to learn from your active involvement in shaping the changes affecting Kiteboarding at Edmonds.

Others are active at Edmonds. CJ, Phillip, Eric, Roger or Merridy all good candidates indeed. One will, hopefully, continue with this much needed role.

Thanks again Andy. Depending where you are moving, you could take the role in the new location. ... and idea.