Rolling easements. Rolling easements are a type of easement acquired along shorelines that would allow upland property owners to engage in certain uses and activities within risk zones but prevent other types of use, in the interest of promoting shoreward migration. The easements would run a given distance shoreward from the line of mean high tide, within which, for example, shoreline stabilization structures could not be placed, but owners might be allowed to continue certain uses. There are different ways such easements could be acquired. An ordinance could be developed to prohibit shore armoring within the rolling easement, as a regulatory approach that would still allow development but not halt shoreward migration. Alternately, such easements could function more like a traditional conservation easement in that it is purchased from a willing seller or donated to take advantage of tax benefits. Rolling easements could help limit shoreline armoring and allow the slow shoreward migration of tidelands where appropriate. The advantage to the landowners under such a scenario is that they may be able to continue use of their shoreline properties in the interim but would have long advance notice of the shoreward migration that may eventually claim their homes. They also would allow the Tribe some certainty in providing for shoreward migration over time, and for addressing impacts to vital resources such as shellfish beds it would make it possible to plan for and facilitate long-term migration, where such migration could occur. One difficulty may be the cost to acquire such easements, although it would be less costly than acquisition of property. Also, since easements do not provide as much control over development as setbacks or other shoreline regulation, they may not provide as much shoreline resource protection as those options. Since easements would be with individual landowners, it may be difficult to coordinate protection and the shoreward migration of connected sections or drift cells of the shoreline.
Topic: Inundation from sea level rise and storm surge: Shoreline Controls.
Region: Northwest
Timeframe: 1-3 years
