Shoreline Neighbors,

There is more to report on the ongoing saga of the East Lake Sammamish Trail.  This will likely directly impact you (not somebody else’s problem) so please read carefully.

Background

As we reported in January, King County Parks has announced their intention to either require removal or charge rent for any “encroachments”, as they call them, within the entire former rail corridor, not just those that might interfere with the trail or trail construction.  This includes structures, gardens, parking…  even landscaping.  And it includes the entire former rail corridor, not just the remaining section yet to be constructed.

Further, the county has stated that it intends to require Special Use Permits (SUPs) just to cross the corridor in vehicles to get to our homes.  They say they will charge each household $500 for the permit plus $50 a year.

The county justifies this by the claim that the former rail corridor is now “public property” and that the county is required by state law to either deny or charge rent for “private use of public land”.  This is despite the fact that the county only has a trail easement, or in the opinion of one federal judge, a railroad easement, on the former rail corridor, most of which it does not own in fee.

Current situation

To date the fee schedule for this rent has not been posted insofar as SHO is aware (and we keep asking).   Nor have letters gone out to the general trailside community informing them of the requirement to obtain SUPs for specific encroachments.  (If you have received such a letter, please let SHO know.)  We have seen isolated examples of that, however, and expect that virtually all trailside property owners who at least use a vehicle trail crossing will receive such notices in the future.

SHO has recently retained a law firm with extensive background in the ELST issue to work on behalf of trailside property owners.  This firm will be addressing both the SUP issue and the broader issue of rail corridor ownership and the right to dictate its use.  SHO does not have a specific plan of action to report at this time, but we anticipate getting back to you soon with guidance on how to respond to the county if you are pressured to get a SUP or make concessions regarding ownership of the former rail corridor. 

If you feel your situation is particularly egregious, please inform SHO about it in brief (see email address below) so we can evaluate how best to respond.

Remaining trail construction

As for construction of the remaining section of trail, the ELST February Monthly Project Update says that construction of the southern 1.65 miles of Segment 2B is to start in spring of this year, and construction of the northern 1.85 miles is to start in the fall.  Completion of the entire segment is slated to be in spring of 2024.

Shoreline Neighbors,

As mentioned in our earlier SHO January Update, King County Parks intends to start charging rent for any “encroachments”, as they call them, within the entire former rail corridor, not just those that might interfere with trail construction.  This was announced in a “Virtual Information Session” on November 12^th.  Here is a link to a video of that session: https://vimeo.com/481511090

In essence, the county is not content to have just a trail in the corridor but wants to dictate use of the entire corridor and tap a new revenue source.  The county is now calling the corridor “public property” and is intent on charging for “private use of public land”.  This includes things like gardens, landscaping, parking, and any other (in many cases long-established) uses.  And it reserves the right to selectively deny uses.

Further, the county intends to require Special Use Permits just to cross the corridor to get to our homes.  They intend to charge each household $500 for the permit plus $50 a year.

This escalation on the part of the county is particularly unjust in light of the 2011 finding by the Federal Court of Claims that land underlying the corridor is owned by someone other than the jurisdiction using the right-of-way for a trail; in most cases that is the adjoining land owner.  So we will be charged to use our own land!

As in the past, SHO will oppose the county’s effort to, in effect, steal our land.  SHO is currently in the process of retaining legal representation.  Our first step will be to provide you with a response to give the county if you are pressured to get a Special Use Permit (SUP).

Almost every property owner adjacent to the ELST will be affected, and we need your help.  SHO is merely a non-profit corporation with a small, volunteer board of directors (who have other obligations).  SHO needs funding if it is to act.  Now, as in the past, SHO will place donations from the trailside community into a legal fund to support litigation and other help to the trailside community (like the SUP response mentioned above).  SHO will send a receipt, plus keep a confidential record of each donation, with the intent of refunding any unused funds in proportion to amount contributed. 

Shoreline neighbors, This is primarily a message about high water levels on Lake Sammamish that SHO is forwarding on behalf of Washington Sensible Shorelines Association (WSSA) .  However… SHO is aware that King County intends to start charging rent for any, what they call, “encroachments” within the entire former rail corridor, not just those that might interfere with trail construction.  We will be sending another SHO Update soon about how you should deal with that, so please watch for that.  Meanwhile… Concerning Lake Sammamish Levels Following Pattern of 2020! Last year before the February rain event, the water levels were at 27.5 ft. As of 1/15 the level was 29.35 ft.  Another extreme event like last February may be about to occur. Prepare for another weather event. Check your mooring, and if your boat is still on the lift, consider getting it on a trailer. Minimize your boat wakes. Large wakes can cause significant damage during high water events. Caution: you may encounter snags and old pilings hidden just below the surface; residents are reporting drifting logs and lumber on the lake. You may need to add weights to your dock to hold it down against the rising water, and if you think you will need sandbags now is the time.See link for sandbags below. WSSA has spent all of 2020 attempting to communicate with King County and local municipalities in an effort to resolve the lake level issues. We have not been successful so far, so perhaps a flood of residents can spur them into action. Below are the King County Council and KC Flood Control Board members who are appointed to manage our lakes and rivers and maintain adequate drainage. =========================================================== Here is a sample email: edit and make it your own, but please  send it to the King County Council and the KC Flood Control Board. Dear ______________________ (King County Council Member) or (KC Flood Control Board Member) I’m concerned about the early high water levels I’m seeing on Lake Sammamish right now. The 2020 flooding caused widespread property damage and likely caused environmental degradation and habitat destruction. What are you doing to restore the equilibrium of the in and out flows on this lake? Obviously, Lake Sammamish no longer sufficiently drains. Last year at this time the lake was over a foot lower than it is right now. Please respond with your plan to fix this problem. We are now in the rainy season. Here is my contact information: Respectfully,   ___________________ ======================================================================== Current USGS Graph of water levels USGS For a deeper dive go here Helpful links to help you prepare for this winter How to Prepare for Flooding Where to Get Sandbags How to Use Sandbags – video Important Phone Numbers Sign Up For King County Flood Alerts Get the Flood Alert App Make an Emergency Plan